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  • In the Interest of P. D. W.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alex L. Dixon, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and James T. Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee.
    Case Number: A09A0484

    The juvenile court erred in failing to conduct the proper inquiries and to make the proper findings of fact regarding the mother's lack of co

  • Thomas v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carl P. Greenberg, Georgia Capital Defender, 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: A08A1777

    Evidence, including the defendant's own pretrial statement, in which he stated that he did not see the victim with a gun when he shot him and that he shot him by mistake, authorized the jury to rej

  • Countrywide Home Loans Inc. v. King

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Monica K. Gilroy and Tania T. Trumble Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: James and Marie King, Douglasville, proceeded pro se.
    Case Number: A08A2287

    After the expiration of 15-day statutory grace period, the mortgagee became entitled to a verdict and judgment by default in its suit for breach of warranty of title, fraud and intentional misrepres

  • Smith v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Elizabeth K. Brooks, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A0778

    The officer's testimony that the defendant's purse containing cocaine was at the defendant's feet on the vehicle's passenger floorboard, and the defendant's recorded conversation in the patrol vehic

  • Hess v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2380; A08A2381

    The record belied the defendant's contention that the clauses in which he waived his Fourth Amendment rights as a condition of probation were not explained to him either during the plea process or a

  • In the Interest of M. W.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.
    Case Number: A08A2128

    Testimony that the defendant told the victim's son that he was going to burglarize the victim's home, the defendant often discussed robbing somebody, and hours after the burglary the defendant was

  • Reese v. State

    Publication Date: 2009-03-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rachel M. Williams, Public Defender, and Anthony S. Carter Public Defender's Office, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Eric C. Crawford, District Attorney, Monroe, for appellee.
    Case Number: A09A0344

    The trial court was not authorized to increase the defendant's sentence after he started servi

  • Newton v. State

    Publication Date: 2009-03-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance J. Hamilton, Vidalia, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A08A2256

    The trial court properly admitted pornographic magazines to show the defendant's lustful disposition and bent of mind, since he admitted looking at the magazines in the victim's presence on the day

  • Iwan Renovations Inc. v. North Atlanta Nat'l Bank

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert L. Norton Jr., Alpharetta, and Meredith W. Germain Norton & Assocs. PC, Marietta, for appellant.
    for defendant: . Mitchell S. Rosen Kitchens, Kelley & Gaynes PC, Atlanta, for appellee.
    Case Number: A09A0341

    The creditor was barred from pursuing a deficiency judgment, because the creditor failed to secure judicial confirmation of the foreclosure sale of the secured pro

  • Goldstein v. Wells

    Publication Date: 2009-02-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael I. Fistel Jr. Holzer, Holzer & Cannon LLC, Atlanta, for appellant.
    for defendant: . Tony G. Powers, Kimberly L. Myers Rogers & Hardin LLP, Michael R. Smith, Michael J. Cates, Dan S. McDevitt King & Spalding, James T. Mast, James K. Quillian and Jaime L. Theriot Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A09A0068

    The Court of Appeals dismissed this shareholder derivative action, since the plaintiff shareholders failed to show that the directors suffered from an actual conflict of int