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  • Furlow v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A09A0808

    The defendant could not show prejudice from his trial counsel's failure to proffer defendant's anticipated testimony about the victim's alleged sexual behavior, since the evidence was cumul

  • Johnson v. State

    Publication Date: 2009-04-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A0281

    The jury was entitled to draw an inference from defendant's possession of a stolen

  • In the Interest of N. H.

    Publication Date: 2009-04-24
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Yolanda C. Parker-Smith, Lithonia, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Leslie Y. Abbott, Special Assistant Attorney General, and Amber N. Patterson Fulton Juvenile Court, Atlanta, for appellee.
    Case Number: A09A0363

    The mother of a premature infant had a history of prostitution, was physically abused during her pregnancy, was an admitted cocaine addict, smoked marijuana twice per day while pregnant and tested p

  • Davis v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A09A0657

    The arresting officer did not exceed the scope of a consent search by unlocking a vehicle's trunk, since the officer put the driver on notice that he was looking for contr

  • Metts v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0202

    The state's re-indictment of the defendant on added and modified charges did not violate his due process rights, since jeopardy had not yet attached to the first indictment and the new indictment di

  • Bone v. The Children's Place Inc.

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Creasy III, Atlanta, for appellant.
    for defendant: . Bobby B. Terry Misner, Scott & Martin, Atlanta, for appellees.
    Case Number: A09A0506

    The defendant presented no evidence in support of its motion for summary judgment on plaintiff's premises liability claims and therefore failed to pierce the allegations set forth in plaintiff's plea

  • Gipson v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Marietta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0544

    The state's lead investigator's testimony that the defendant chose to ' "invoke his Miranda Rights and did not want to speak without an attorney," ' had no direct bearing on the defendant's defense

  • Troutman v. State

    Publication Date: 2009-04-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council-Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0149

    The victim identified the defendant as one of two men, who got into her taxi, put a gun to her neck and took $65 fro

  • Tuggle v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Kimberly M. Minicozzi, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0366

    The investigating officer saw the defendant throw away a pipe containing cocaine re

  • Wimpey v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ricky W. Morris Jr. and Suesan A. Miller Rickey W. Morris Jr. PC, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas R. McBerry and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2283

    The totality of defendant's presentation regarding her expenses while the trial court was attempting to fashion a payment schedule for a $120,163.40 restitution order was that she ' "would just have