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  • Pineda v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0957

    Prior difficulties between the defendant and the victim were admissible to show the defendant's state of mind when he forced his girlfriend to pull into a gas station, approached her car and, upon h

  • Delgado v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Adam M. Hames, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A07A1499

    The trial court harmlessly erred in admitting an audiotape of the victim's account of the incident in question without redacting certain testimonial out-of-court statements, since the evidence agai

  • State v. Jones

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellant.
    for defendant: Clarence R. Patton, Rome, for appellee.
    Case Number: A07A0831

    The arresting officers had specific, articulable facts sufficient to give rise to a reasonable suspicion of criminal conduct to conduct a brief investigative stop of the defendant's vehicle, based o

  • In the Interest of S. B.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and Franklin B. Patterson Bart Patterson & Assocs. LLC, Gainesville, for appellee. Other party representation: Alison M. Hallman Hallman & Martin PC and Walter J. Rucker, Gainesville.
    for defendant:
    Case Number: A07A1042

    The mother's pattern of instability, arrest and incarceration, and lack of commitment to her children and involvement in their welfare, as well as her failure to support her children and to comply w

  • In the Interest of B. D.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Talethia R. Weekley, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, Douglas, and Venita S. McCoy, District Attorney, Waycross, for appellee.
    Case Number: A07A1502

    The juvenile drove his accom to a house, waited for him while the accom to remove a stereo from a car parked there and later sold the stereo for the accom

  • Smith v. State

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Roy W. Copeland, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A07A1367

    The medical evidence was consistent with forced intercourse and the evidence supported a finding that the victim gave the defendant money out of fear for her

  • In the Interest of R. S.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and Cynthia E. Roberts-Emory, Stone Mountain, for appellee.
    Case Number: A07A1441

    The mother lacked the intellectual and emotional capacity to care for her children, particularly the younger child, who suffered brain damage as a result of his father's physical

  • American Home Servs. Inc. v. A Fast Sign Co. Inc.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brendan H. Parnell and Neal J. Quirk Quirk & Quirk, Atlanta, for appellant.
    for defendant: Roy E. Barnes, Marietta, Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz and Michael K Jablonski, Atlanta, for appellee.
    Case Number: A07A0986

    The trial court properly granted class certification on the plaintiff's complaint asserting that the defendant violated Telephone Consumer Protection Act of 1991 "TCPA" by causing the plaintiff to

  • Miller v. State

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Bill W. Crecelius Jr., Duluth, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A1425

    Officers searching defendant's motel room with his consent, found 170.5 grams of crystal methamphetamine in a hard drive, which defendant expressly claimed as hi

  • In the Interest of J. A. S.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William B. Barnwell Avrett, Ponder & Withrock, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Bruce A. Kling, Dalton, for appellee.
    Case Number: A07A1056; A07A1057

    The mother's and father's drug use, lack of a meaningful parental bond with the child, failure to pay child support, maintain stable housing, complete recommended psychological treatment, and to com