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  • In the Interest of D. P.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, 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 N. Johnson, Cohutta, for appellee.
    Case Number: A07A1257

    Evidence that none of the mother's four other children were in her custody, she was diagnosed with bipolar disorder and schizophrenia, admitted abusing methamphetamines, cocaine and marijuana, faile

  • In the Interest of N. S. E.

    Publication Date: 2007-08-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Curtis L. Hubbard Jr. Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and P. Brian Campbell, Special Assistant Attorney General, Duluth, for appellee. Other party representation: Mary D. Hermann Fulton Juvenile Court, Atlanta.
    Case Number: A07A1662

    The mother's children were subjected to severe beatings while her care, her 4-month-old child died from a beating from his father, which she failed to prevent and she severely spanked her older chil

  • In the Interest of E. D.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephanie D. Burton and Steven M. Harrison Public Defenders Office, Eastman, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Charles M. Johnson, Eastman, for appellee.
    Case Number: A07A0906

    Evidence showing that the parents abused alcohol and engaged in domestic violence supported the judgment finding the children deprived and continuing temporary custody in the Telfair county

  • Simon v. City of placeCityAtlanta

    Publication Date: 2007-08-24
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Steven D. Simon, Atlanta, proceeded pro se. Linda K. DiSantis, City Attorney, and Sean L. Gill Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    for defendant:
    Case Number: A07A0853

    The city could not show prejudice from plaintiff's omission of an allegation in his complaint alleging compliance with the ante notice requirement, because the plaintiff provided adequate ant

  • Breland v. State

    Publication Date: 2007-08-17
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Holly L. Geerdes Geerdes & Kim, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A1301

    The trial court did not abuse its discretion in excluding expert test on the reliability of eyewitness identification, since other evidence corroborated the identification test

  • Corbin v. State

    Publication Date: 2007-08-17
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: David C. Abbott, McDonough, for appellant.
    for defendant: Lee Darragh, District Attorney, and Susan A. Beck District Attorney's Office, Gainesville, for appellee.
    Case Number: A07A0888

    The defendant failed to argue or present evidence that exceptional circumstances warranted the admission of hearsay testimony tending to show that methamphetamine officers found in defendant's purse

  • Frost v. State

    Publication Date: 2007-08-03
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James M. McDaniel, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A1103

    The defendant failed to show that his counsel wrongly advised him of his recidivist status, since the trial court identified three additional prior felony convictions, which Frost did not address in

  • De La Reza v. Osprey Capital LLC

    Publication Date: 2007-08-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. McCune and John F. Daugherty Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: . Thomas H. Jefferson Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A07A1744

    Res judicata barred the appellants' double recovery arguments, which they failed to raise in their prior a

  • In the Interest of R. N. H.

    Publication Date: 2007-08-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William B. Barnwell Avrett, Ponder & Withrock, and Joshua J. Smith, 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. Other party representation: Rodney Q. Quarles, Chatsworth.
    Case Number: A07A1054; A07A1055

    The mother's and father's untreated methamphetamine abuse problems, failure to submit to requested drug screens or obtain substance abuse assessment with follow-up treatment, lack of contact with th

  • Patton v. State

    Publication Date: 2007-08-03
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Diana L. Davis, McDonough, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0657

    The untested informant's tip provided probable cause to support an investigatory detention, since the tip predicted some aspects of the defendant's future beh