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  • Opio v. State

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1905

    Defense counsel was not deficient for not objecting to a MARTA officer's testimony about a statement an unidentified man made to her at a train station, since the evidence was cumulative of the vict

  • Underberg v. Southern Alarm Inc.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James B. Franklin, Wesley C. Taulbee Franklin, Taulbee, Rushing, Snipes & Marsh PC, Statesboro, Kathryn H. Pinckney and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: A. Martin Kent, Catherine M. Palumbo Martin Kent PC, and Edgar P. Williams Bouhan, Williams & Levy, Savannah, for appellee.
    Case Number: A06A2349

    Factual questions remained as to whether a security service dealer owed the plaintiff a duty to perform a background check on an employee, who worked for the dealer selling home security systems doo

  • Velazquez v. State

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Billy M. Grantham, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Jeffrey L. Williamson, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A06A2226

    The trial court lacked the authority to impose a sentence of life without parole after the defendant pled guilty to raping his 7-year-old stepdaughter, since the state did not seek the death penalty

  • In the Interest of M. A. S.

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    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, Jason S. Naunas, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee.
    Case Number: A06A2153

    Evidence that the mother failed to support her children, maintain parental bond or comply with her reunification case plans for period of one year or longer before termination petition was filed su

  • In the Interest of M. D.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney Q. Quarles, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Charissa A. Ruel, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A06A1686

    Evidence that the mother has schizoaffective disorder, which she often attempts to control without medication and that the father left their 1-year-old in his mother's care, knowing that the mother

  • In the Interest of J. F.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey W. Duncan, Tallapoosa, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Billie J. Crane, Cedartown, for appellee. Other party representation: Kimberly D. Puckett, Dallas.
    Case Number: A06A1811

    The mother had a verifiable deficiency of her mental and emotional health, an alcohol dependency, abused amphetamines and cocaine, and twice absconded across state lines with the child, once leading

  • In the Interest of D. S.

    Publication Date: 2007-03-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Justin B. Grubbs Grubbs Law Firm LLC, Griffin, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Virginia B. Fuller, Assistant Attorney General, Atlanta, and Tammy M. Griner, Griffin, for appellee.
    Case Number: A06A1992

    The clear and convincing evidence did not show that the child was without the proper care for his emotional health, since the state only presented one episode in which the child's stepfather critici

  • Jones v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1909

    Evidence of the defendant's prior drug use was admissible to show the source of problems between the defendant and his family and to show motive for the assaults at

  • State v. Ealum

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Cecilia M. Cooper, District Attorney, Americus, for appellant.
    for defendant: Joseph D. Weathers Gardner & Weathers, Moultrie, for appellees.
    Case Number: A06A2476; A06A2477

    No exigent circumstances justified the warrantless entry into defendants' resi

  • In the Interest of A. C.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee. Other party representation: Robert B. Tidwell and Darrell R. Caudill Jr., Canton.
    Case Number: A06A2255

    The mother was not entitled to notice of hearings pursuant to which the juvenile court returned custody of three of her children to their respective fathers, after the mother surrendered her parenta