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  • Wright v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Atha H. Pryor, Assistant District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A09A1400

    A videotape showing only the defendant's husband was admissible as part of the res gestae, since the tape was contemporaneous to the incident and provided co

  • Lovett v. Capital Principles, LLC

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellant.
    for defendant: Alicia Timm, Bradley S. Wolff Swift, Currie, McGhee & Hiers LLP, Michael J. Rust and Debra K. Haan Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
    Case Number: A09A1061

    Subsection b of O.C.G.A. § 9-11-11.1 a, which requires a written verification to be filed contemporaneously with the complaint, is not inapplicable simply because defendants acted while engaged in a

  • Payne v. State

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Peter K. Odom The Odom Firm, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A09A1182

    Evidence that the defendant dragged the victim from the front to the rear of an abandoned house after beating her, forced her to get into her car and then drove her a short distance before she esca

  • Harper v. Barge Air Conditioning, Inc.

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lloyd N. Bell and Robert E. Mulholland Bell & Mulholland LLC, Atlanta, for appellant.
    for defendant: Harry W. Bassler Crim & Bassler, Atlanta, for appellee.
    Case Number: A09A1001

    The circumstantial evidence supported a reasonable inference that would authorize a verdict in favor of the plai

  • Nail v. State of Georgia

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard Phillips, Ludowici, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for appellees. Other party representation: John G. Rigney Troutman Sanders LLP, Atlanta.
    Case Number: A09A1114

    The plaintiff's failure to warn claim alleged professional negligence and she failed to file the required affi

  • In the Interest of T.S. & L.S.

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Joseph M. Winter Callner, Portnoy & Strawser PC, Atlanta, for appellant.
    for defendant: Alan W. Connell, Thomaston, Larry J. Overman II, Atlanta, and Stephen D. Ott, Fayetteville, for appellee.
    Case Number: A09A1294

    A juvenile court cannot considered improved circumstances of one parent in determining a material change in circumstances in awarding sole custody to that parent, but can use such evidence to determ

  • In the Interest of S.K. and A.K.

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John F. Connolly, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Virginia B. Fuller, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee. Other party representation: Jenny R. Meyers Meyers & Meyers PC and Jackson A. Lancaster, Canton.
    Case Number: A09A1357

    The mother's continued allegations of unsubstantiated sexual abuse supported the juvenile court's deprivation

  • Adams v. State

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A09A1019

    The defendant was not entitled to a mistrial where a curative instruction would have cured any unfair prejudice from improper testimony and the defendant failed to reques

  • Performance Food Group, Inc. v. Williams

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Douglas K. Burrell, Atlanta, for appellant.
    for defendant: Trevor G. Hiestand, Ashley Giblin Harper, Waldon & Craig, Atlanta, Steven P. Gilliam Smith, Gilliam, Williams & Miles PA, Gainesville, and Robert P. Gritton, Murfreesboro, Tenn., for appellee.
    Case Number: A09A1719

    Ge s Workers' Compensation Act governs subrogation claims based on benefits paid to employees injured in Ge

  • Kelley v. State

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jared M .Campbell Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A09A2004

    The defendant initiated contact with the 15-year-old victim, asked her to have sex with him, offered her money and arranged a place to pick he up so they could have sex at his