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  • In the Interest of S. Y.

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson Attorney General's Office, Atlanta, and Andrew S. Foster, Macon, for appellee.
    Case Number: A07A0271

    One child suffered from unexplained abuse, another child was molested while the mother was asleep and the mother left her children with an aunt after agreeing that the aunt was unsuitable to supervi

  • Phillips v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Earnelle P. Winfrey, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0797

    The trial court did not err in denying the defendant's motion for a change of venue, since he did not exhaust his peremptory strikes and he failed to show actual prejudice from a local newspaper art

  • Touchton v. Bramble

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jack J. Helms Jr. Helms & Helms PC and Berrien L. Sutton, Homerville, for appellant.
    for defendant: . W. Pope Langdale III Langdale & Vallotton LLP and James L. Elliott Elliott & Blackburn PC, Valdosta, for appellee.
    Case Number: A06A2217

    An amusement park was entitled to summary judgment for the plaintiff's claim arising from his arrest for indecent exposure, because the park neither directed nor controlled the actions of the deputy

  • Miranda v. Fulton DeKalb Hosp. Auth.

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: A. Thomas Stubbs, Decatur and David A. Webster, Atlanta, for appellant.
    for defendant: . Jeffrey E. Tompkins and Thomas G. Sampson II Thomas, Kennedy, Sampson & Patterson, Atlanta, for appellees.
    Case Number: A06A1879

    The lack of continuous moni of the decedent was too remote as a matter of law to have proximately caused his suicide, since the plaintiffs' own expert testified that, even with continuous mon

  • Jacks v. City of Atlanta

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch and Mary C. Cooney, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Robert N. Godfrey City of Atlanta Law Dept., Atlanta, and Lisa M. Flagg, Lawrenceville, for appellees.
    Case Number: A06A1753

    The city was liable to the plaintiff subcontractor for unpaid invoices he accrued in connection with subcontract work he did on a city park in the wake of an explosion there, since the city did not

  • Striplin v. State

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Roland Knaut, Assistant Solicitor-General, and R. Leon Benham, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A06A2204

    Surplus language in the defendant's accusation-' "DUI UNDER AGE 21" '-did not render the accusation void, because the remaining language accurately described the charge of DUI-less safe d

  • Hersh v. Griffith

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David E. Tuszynski, Atlanta, for appellant.
    for defendant: Paula A. Morgan, Rory K. Starkey County Attorney's Office, Thurbert E. Baker, Attorney General, Loretta L. Pinkston, Assistant Attorney General, Atlanta, and David B. Fife, Assistant District Attorney, Lawrenceville, for appellees.
    Case Number: A06A2023

    Evidence that the plaintiff did not attempt to yield in response to an officer's flashing blue lights and air horn prior to colliding with a house being moved in the opposite direction on a street i

  • 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