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  • Cardenas v. State

    Publication Date: 2006-12-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1906

    The defendant's child molestation conviction was reversed because the state did not prove venue for that

  • Barrino v. State

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A06A2087

    The arresting officer found a clear plastic bag containing several pills, which he recognized as ecstasy, on the front passenger seat of the car where the defendant was si

  • Hammond v. State

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Eric C. Crawford, Athens, for appellee.
    Case Number: A06A2057

    The victim's conflicting testimony at the motion for new trial hearing is insufficient to establish that her trial testimony was per

  • In the Interest of D. N. K.

    Publication Date: 2006-12-08
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nathan A. Hayes, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, and Lytia G. Brown, Atlanta, for appellee. Other party representation: Antavius M. Weems, Atlanta.
    Case Number: A06A1489

    The evidence failed to show that the mother's 4-year-old son had a developmental disability or special needs, which the mother was incapable of me

  • Homes of Ga. Inc. v. Humana Employers. Health Plan of Ga.

    Publication Date: 2006-12-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth S. Canfield and David S. Hagy Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, for appellant.
    for defendant: Richard L. Shackelford, Barry Goheen, Benjamin W. Pope and Tara L. Adyanthaya King & Spalding LLP, Atlanta, for appellees.
    Case Number: A06A1573

    ERISA does not preempt the plaintiff's state law claims against its in

  • In the Interest of D. D. B.

    Publication Date: 2006-12-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Curtis W. Miller, Lithonia, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, and Saudia L. Crawford, Atlanta, for appellee. Other party representation: Antavius M. Weems, Atlanta, Abdulhakim Saadiq, Decatur, and Saunders P. Jones IV, Dunwoody.
    Case Number: A06A1087

    The child's deprivation could almost completely be traced to the mother's drug addiction, the mother failed repeatedly to successfully complete drug treatment program and she was not participating i

  • White v. State

    Publication Date: 2006-12-01
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Larry R. Pruden, Loganville, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A06A1662

    The defendant's statement, in which he admitted purchasing crack cocaine on the day that his acquaintance attempted a robbery by sudden snatching, was admissible as part of the res g

  • Tullis Devs. Inc. v. 3M Constr. Inc.

    Publication Date: 2006-12-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. Wilson and Ryan K. Patrick Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
    for defendant: Gregory W. Lancaster, Buford, for appellees.
    Case Number: A06A1559

    Absent a transcript, the record presumably supported the trial court's grant of a declaratory judgment to the plain

  • Palmer v. State

    Publication Date: 2006-12-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A06A1795

    The defendant's special demurrers to his indictment on 24 counts of sexual exploitation of children were untimely filed after he pled not guilty to the ch

  • Daniel v. State

    Publication Date: 2006-12-01
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Daniel R. Partain, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A06A1939

    The defendant was driving at a high rate of speed with only one headlight on, he crossed a double yellow line to pass another vehicle and he continued driving recklessly after the officer activated