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  • Casanova v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jerome D. Lee Hernan Taylor & Lee, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0298

    The defendant admitted to police that he obtained the 442 grams of methamphetamine that his codefendant brought to a prearranged buy from his supplier and that he intended to pay his supplier $9K af

  • LaFette v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jovan D. LaFette, Oglethorpe, proceeded pro se. Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A07A0732

    Habeas provided defendant's only remedy after expiration of the term of court in which the trial court entered judgment on his convi

  • MCG Health Inc. v. Barton

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James S. Weston Hull, Towill, Norman, Barrett & Salley PC, Augusta, for MCG Health Inc. Thomas R. Burnside Jr. and Mark B. Williamson Burnside, Wall, Daniel & Ellison, Augusta, for Barton. Thurbert E. Baker, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for Board of Regents.
    for defendant:
    Case Number: A07A1060; A07A1061

    The plaintiff's medical expert, who had more than 20 years of emergency room experience, including experience in diagnosing testicular injuries, had the requisite knowledge and experience under O.C

  • Schramm v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas K. Schramm, Jasper, proceeded pro se. Lee Darragh, District Attorney, Gainesville, and Matthew C. Dalrymple, Assistant District Attorney, Dawsonville, for appellee.
    for defendant:
    Case Number: A07A0522

    The arresting officer had probable cause to stop the defendant's vehicle based on his observ of a seatbelt viol

  • In the Interest of M. D. L.

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Wilson H. Bush, Jackson, for appellee.
    Case Number: A07A0054

    The father's drug use, time spent in prison, and failure to complete his reunification plan, maintain stable housing and employment, complete required classes and visit the children during at least

  • Oni v. State

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas M. West, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Tamara L. Ross, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A07A0187

    The 18-month delay between remittitur and the filing of the defendant's second motion for discharge and acquittal, though presumptively prejudicial, did not violate the defendant's right to a speedy

  • In the Interest of S. S. G. A.

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Koontz Law Office of Dennis C. O'Brien, Marietta, and David P. Smith, Smyrna, for the mother. Roderick H. Martin, Marietta, for the father. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: Catherin C. Vandenberg Legal Aid of Cobb County, Marietta.
    for defendant:
    Case Number: A07A0285; A07A0286

    The mother and the father's unrehabilitated drug addictions and convictions and incarcerations on various drug charges supported the termination of their parental r

  • In the Interest of J. M. N.

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James T. Hallman Hallman & Martin PC, Gainesville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, John R. Coleman Jr. and Franklin B. Patterson Coleman & Chambers, Gainesville, for appellee.
    Case Number: A07A0067

    Evidence that the mother failed to obtain stable housing, had continued financial instability and showed prolonged unwillingness to address her mental health issues supported the termination of her

  • DeSouza v. State

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jackie G. Patterson Head, Thomas, Webb & Willis LLC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A07A0256

    The filing of a notice of appeal of the denial of a plea in bar of double jeopardy does not divest a trial court of jurisdiction over the case if the trial court has ruled that the defendant's plea

  • Saunders v. Industrial Metals and Surplus Inc.

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Josh B. Wages, Gary B. Blasingame Blasingame, Burch, Garrard, Bryant & Ashley, and David R. Montgomery Hudson & Montgomery PC, Athens, for appellant.
    for defendant: . Bruce A. Taylor Jr., Douglas K. Burrell Drew, Eckl & Farnham, David F. Root, Kimberly M. DeWitt Carlock, Copeland, Semler & Stair LLP, M. David Merritt McLain & Merritt PC, and M. Scott Barksdale Barksdale & Assocs., Atlanta, for appellees.
    Case Number: A07A0038

    The plaintiff had equal knowledge that the skylight through which he fell while repairing the roof on the first defendant's building would not support a person's w