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  • Kelley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A1702

    The then 8-year-old victim identified the defendant as the man, who approached her while she was playing behind a vacant house, told her to ' "Give me head," ' and put his ' "private" ' in her

  • Greene v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0322

    Defense counsel's decision to request a charge on the lesser offense of simple battery was not unreasonable, since the charge resulted in defendant's conviction for two misdemeanors, rather than two

  • In the Interest of R. F.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas N. Fox, Lawrenceville, for appellant.
    for defendant: Larry H. Tatum, Snellville, Ashley A. Stinson Gwinnett County Juvenile Court, David W. White White Legal Counsel LLC, and Debra W. Hale, Lawrenceville, for appellee.
    Case Number: A08A1683

    The juvenile court did not err in considering the funds, which the maternal grandmother paid in child support from trust proceeds that would presumably otherwise be payable to the mother, as the mot

  • Peoples v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A08A2177

    The defendants' convictions di merge for sentencing purposes, since each offense required proof that the other di

  • Xiong v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Kathleen J. Anderson, Winder, for appellant.
    for defendant: Richard K. Bridgeman, District Attorney, Jefferson, and Antonio E. Veal District Attorney's Office, Buford, for appellee.
    Case Number: A08A1720

    Convictions for possessing methamphetamine with intent to distribute and possessing marijuana reversed, since the defendant's cousin had equal access to the drugs in que

  • Kashamba v. State

    Publication Date: 2009-01-30
    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 Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A1661

    The defendant pointed a gun and the victim and ordered him out of hi

  • Anderson v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0272

    The state did not have to prove the chain-of-custody of three stolen watches found in the defendant's pocket when he was arrested, since they were non-fungible items, which were readily identif

  • Brown v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Gregory E. Epstein, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A08A2197

    Witnesses corroborated the victim's testimony that the defendant showed her his privates while babysittin

  • Crutchfield v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A1652

    A confidential informant "CI" testified that the defendant sold him $40 worth of cocaine, an audiotape recorded the transaction, law enforcement recovered cocaine from the defendant, the CI testifie

  • Whitehead v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, and Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A08A1923

    The state showed that the defendant had supervisory authority over the victim, since he was a teacher advisor to the school's Quiz Bowl team and the victim was a Quiz Bowl partic