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  • In the Interest of D. A. B.

    Publication Date: 2006-10-13
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Koontz Law Office of Dennis C. O'Brien and Ayeshia A. Amon-Ra, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Sanders B. Deen and Jason S. Naunas, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A06A2185

    The mother, who suffered from bi-polar disorder and polysubstance dependence, had attempted suicide, failed to monitor her medications, admitted using methamphetamine and maintained that an acquaint

  • Simmons v. State

    Publication Date: 2006-10-13
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A2017

    The officer had authority to search the defendant's person incident to his lawful arrest for public intoxic

  • Gibson v. State

    Publication Date: 2006-10-06
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ralph Washington The Eason Law Firm, College Park, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1010

    The trial judge improperly inserted himself in the plea bargaining process, when he advised the defendant that he would not give him the same sentence considerations in the event that the defendant

  • Carswell-Danso v. State

    Publication Date: 2006-10-06
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1496

    The trial court's prompt curative instruction sufficiently prevented any possible prejudicial effect of the state's reference to prison in cl

  • Newton v. State

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher P. Twyman Cox, Byington, Cowin, Niedrach, Smith & Twyman, Rome, for appellant.
    for defendant: Thomas J. Campbell and Erik J. Pirozzi, District Attorneys, Cartersville, for appellee.
    Case Number: A06A1187

    Case remanded for the trial court to prepare written findings of fact as to whether restitution is appropriate under O.C.G.A. § 17-14-1 and to hold a hearing concerning the

  • Hopson v. State

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee Sexton and J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Ayana C. Curry, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1585

    The trial court properly charged the jury on the victim's capacity to co

  • Brown v. State

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerald B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1574

    Absent bad faith on the state's part and a request for a continuance, the defendant could not show that the trial court abused its discretion in admitting documents, which the state failed to produc

  • Nyass v. Tilahun

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Craig M. Frankel and Tamisa N. Wertz Gaslowitz Frankel LLC, Atlanta, for appellant.
    for defendant: . Nikolai Makarenko Jr. Cooper & Makarenko, Duluth, for appellee.
    Case Number: A06A0995

    The statute of limitation on the p ffs' injury action expired on August 22, 2004 and the p ffs have not personally served defendant with the comp

  • Walker v. State of Ga.

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright LLC, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A2044

    The trial court properly applied the preponderance of evidence standard of proof, since forfeiture cases are civil procee

  • Lee v. State

    Publication Date: 2006-09-22
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney A. Williams Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1624

    Evidence of a third virtually identical robbery was admissible as part of the res gestae and to show the defendant's mind, knowledge and intent in allowing the use of her car in the first two robb