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  • Freeman v. State

    Publication Date: 2006-11-17
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A06A0969

    The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defe

  • Jenkins v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George C. Creal, Forest Park, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Grant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A06A1003

    The state may constitutionally require a suspect, who is not yet under arrest to submit to chemical testing where the suspect has been involved in a traffic accident resulting in serious injuries or

  • In the Interest of C. M.

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John F. Connolly, 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 Susan C. Stanton, Woodstock, for appellee. Other party representation: Michael C. Chisolm, Canton, and Betsy R. Choder, Kennesaw.
    Case Number: A06A1812

    The mother did not visit her children once in the last nine months, she had a history of irregular visitation, failed to maintain stable housing or a stable job, and paid only $60 of the $900 she ow

  • Jenkins v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles E. Day, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, for appellee.
    Case Number: A06A1735

    Defense counsel was not deficient for not filing a statutory speedy trial d

  • Bryson v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Lawrence A. Stockton Jr. and Brian M. Rickman Stockton & Stockton LLC, Clayton, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A06A1344

    The evidence, including both victims' videotaped interviews and their trial testimony, supported the defendant's convictions for aggravated sodomy and child molest

  • In the Interest of K. J. M.

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stacy S. Garguilo, Atlanta, and David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel and Sanders B. Deen, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Kevin J. Rogers, Smyrna, and R. Stacy Hylton, Marietta.
    Case Number: A06A2208

    The older child suffered multiple unexplained fractures of his ribs and legs and the younger child cried uncontrollably during scheduled visitation with her m

  • Whittle v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Melinda D. Taylor Spruell Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Kimberly K. Frye, Assistant Solicitor, Marietta, for appellee.
    Case Number: A06A1134

    The evidence authorized the trial court to find that the arresting officer made a reasonable effort to accommodate the DUI defendant's request for an independent blood

  • Edwards v. State

    Publication Date: 2006-11-03
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leanne K. Shipley Public Defendant's Office, George H. Law III and H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Dawsonville, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A06A2491

    The trial court did not err in refusing to go forward with the hearing on the defendant's motion to suppress, because she did not appear at the hearing and her counsel did not have authority to waiv

  • Green v. State

    Publication Date: 2006-11-03
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Graylin C. Ward, Newnan, and Gerald P. Word, Chief Circuit Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Kevin T. McMurry, Assistant District Attorney, Newnan, for appellee.
    Case Number: A06A2108

    The investigating officer had probable cause to stop the defendant's car for having an invalid drive-ou

  • Moody v. Gilliam

    Publication Date: 2006-10-27
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clarence R. Johnson, Atlanta, for appellant.
    for defendant: Dale K. Scott, Atlanta, for appellee.
    Case Number: A06A2000

    The plaintiff failed to exercise the greatest possible due diligence in serving the defendant outside the statute of limitation after she became aware of a problem with se