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  • Perkins v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lee Sexton Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and David E. Slemons, McDonough, for appellee.
    Case Number: A09A1529

    An alert of a drug dog, standing alone, is sufficient to provide probable cause for a vehicle s

  • Walker v. State

    Publication Date: 2009-09-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Salvatore L. Schiappa III, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1539

    Since the defendant's detention was illegal, his attempt to avoid it could not support an obstruction c

  • In the Interest of S. N. H.

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Nathan A. Hayes, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and John P. Cheeley, Norcross, for appellee. Other party representation: Marci F. Goldman, Lawrenceville.
    Case Number: A09A0159

    Termination of the mother's parental rights was in the child's best interest, since she has been in DFACS' custody for all but eight of her 27 months of life and is thriving in her current plac

  • Johnson v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1049

    The co-defendant attempted to take the underaged victim's car at gunpoint and, when he failed, he fled to the defendant's nearby waitin

  • Zuniga v. State

    Publication Date: 2009-09-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Linda T. Day and Karlyn Skall, Lilburn, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A1245

    The language in the defendant's indictment only required the state to prove that he transmitted herpes to the then 4-year-old v

  • In the Interest of K. F.

    Publication Date: 2009-08-28
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anton L. Rowe Rowe & Rowe & Thomas LLC, Stone Mountain, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1111

    The juvenile court judge lacked jurisdiction to modify the juvenile's commitment order on the grounds raised-significant changes and rehabilitation-under O.C.G.A. § 15-11-40 b, since the juvenile wa

  • In the Interest of D. M.

    Publication Date: 2009-08-21
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Jeffrey S. Hendrix, Assistant District Attorney, Savannah, for appellee.
    Case Number: A09A0941

    The record supported the juvenile court's conclusion that the juvenile posed a serious threat to the community and the possibility of less favorable treatment in the superior court did not violate

  • Freeman v. State

    Publication Date: 2009-08-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wesley M. Woolverton, Assistant Public Defender, and Amy Salley Public Defender's Office, Douglasville, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Evelyn Proctor, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A1864

    The state's objection to the exclusion of testimony regarding a correlation between HGN test results and blood-alcohol content did not constitute manifest necessity requiring a mis

  • Buggle v. State

    Publication Date: 2009-08-21
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steve B. Mizerak, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A1416

    The defendant was not entitled to a sua sponte charge on no duty to re

  • Brogdon v. State

    Publication Date: 2009-08-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William D. Healan III, Winder, and David E. Clark, Sugar Hill, for appellant.
    for defendant: Rosanna M. Szabo and Karen M. Seeley, Solicitors General, Lawrenceville, for appellee.
    Case Number: A09A1269

    King v. State, 276 GA. 126 2003, which specifically held that the state can seize medical records pursuant to a search warrant, controlled the defendant's challenge to the search warrant in this