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  • Harvey v. State

    Publication Date: 2009-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Karen M. Harris, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A1737

    The evidence supported the defendant's convictions for rape, incest and child molestation, despite the victim's recantation at

  • Inman v. State

    Publication Date: 2009-01-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, and Benjamin D. Goldberg, Assistant Pub. Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A08A2150

    The defendant freely and voluntarily make his custodial statement, after waiving his Miranda r

  • In the Interest of T. F.

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, and Benjamin Von Schuch District Attorney's Office, Douglasville, for appellee.
    Case Number: A09A0292

    The confrontation right is a trial right that does not apply to transfer hea

  • Jackson v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donna L. Clement and Anthony S. Carter Public Defender's Office, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A2326

    The trial court erred in failing to merge the defendant's convictions for cocaine trafficking and possessing cocaine with intent to distr

  • Gresham v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David C. Abbott, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, McDonough, for appellee.
    Case Number: A08A2388

    Trial counsel's decision not to move to sever the defendant's trial was stra

  • Beasley v. Smith

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: DaCara S. Brown Office of Indigent Defense, Augusta, for appellant.
    for defendant: William B. Warlick Warlick, Tritt & Stebbins, Augusta, for appellees.
    Case Number: A08A2255

    Absent a transcript, the $14,632 judgment against a landlord for conversion and damage to personal property located at the plaintiffs' residence was presumably co

  • Gilliam v. State

    Publication Date: 2009-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna L. Clement Public Defender's Office, Monroe, and Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A2207

    The responding officer had probable cause to believe that the defendant was DUI based on the odor of alcohol on the defendant's breath and the fact that the defendant caused the accident by failing

  • Baker v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, for appellee.
    Case Number: A08A1528

    The state failed to prove venue for the kidnapping and rape of one victim at knife

  • Perry v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A08A1913

    The excluded testimony of the defendant's expert about an aggressor's ability, opportunity and harmful intent involved common sense concepts within the average juror'

  • Ferrell v. Mikula

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Andrew T. Rogers Deitch & Rogers LLC, Atlanta, for appellant.
    for defendant: . Carrie L. Christie Rutherford & Christie LLP, and Courtney M. Norton, Atlanta, for appellees.
    Case Number: A08A1549

    An arrest without a warrant cannot constitute false/malicious arrest under O.C.G.A. § 5