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  • Sims v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Laura K. Cone, Gainesville, and Michael N. Peluso, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A09A0225

    The trial court did not plainly err in restating the victim's testimony then asking her if she knew where Locust Grove was located, since the trial court never stated that the alleged incidents of m

  • Allison v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carl P. Greenberg, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2092

    Defense counsel opened the door to admitting testimony that the defendant's had previously threatened to shoot his ex-girlf

  • St. Fleur v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Gail M. Travillian, Assistant District Attorney, Griffin, and Stephen N. Knights Jr., Solicitor General, Jonesboro, for appellee.
    Case Number: A08A1971

    Officers did not improperly prolong the duration of the defendant's lawful traffic stop in having a drug dog perform a free-air sniff less than five minutes of the stop and while one of the officers

  • Dixon v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert H. Citronberg and Joseph S. Habachy, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2126

    The trial court erred in refusing to charge the jury on the lesser offense of theft by taking, since the defendant offered to waive proof of venue as part of his request for the charge and his sole

  • Page v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Monte K. Davis, Roswell, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Amy K. Radley Solicitor's Office, Cumming, for appellee.
    Case Number: A09A0196

    The arresting officer properly advised the defendant of her implied consent rights pursuant to O.C.G.A. § 40-5-67.1 g 2 B, he informed her that he was arresting her for DUI-less safe driver, and he

  • Smith v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George H. Law III, Gainesville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Blairsville, and Thomas D. Wight, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A2285

    Defense counsel was not deficient for eliciting testimony, which the trial court ruled opened the door to previously excluded testimony, since it was not unreasonable for him to believe that the pur

  • Eason v. Troon Co. LLC

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Judson F. Smith Jr. Smith & Cannon PC, Vidalia, for appellant.
    for defendant: Chad K. Reed and Nicole A. Scarborough Busch & Reed PC, Marietta, for appellee.
    Case Number: A08A1945

    Jeff Davis State Court had jurisdiction over the appellee's scire facias to revive a $10,343.65 judgment against the appellant, since it rendered the original judgment and O.C.G.A. § 9-12-63 provid

  • Aguey-Zinsou v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: W. Michael Maloof, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Decatur, for appellee.
    Case Number: A08A2324

    The responding officers had exigent circumstances to justify their warrantless entry into the defendant's apartment based on a 911 call that shots had been fired at his apartment complex and their o

  • In the Interest of N. H.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Virginia B. Fuller, Assistant Attorney General, Atlanta, for appellee. Other party representation: Saundra M. Davis, Tucker, Hurl E. Taylor Jr., Ellenwood, Miessha Thomas Federation of S. Conservatives, East Point, and Jerry W. Thacker, Conyers.
    Case Number: A08A1759

    Evidence that the mother fed her child inappropriate food to such a degree that the child's well-being was affected, supported a finding that the child was dep

  • Smith v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Samuel M. Olmstead and Eric A. Collins District Attorney's Office, Bainbridge, for appellee.
    Case Number: A08A2385

    The defendant's sentence on his guilty plea for trafficking cocaine was not facially illegal, since it did not exceed the statutory range permitted by O.C.G.A. § 16-13