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  • Carswell-Danso v. State

    Publication Date: 2006-10-06
    Practice Area:
    Industry:
    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
    Practice Area:
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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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    Industry:
    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
    Practice Area:
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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

  • State v. Aiken

    Publication Date: 2006-09-22
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William K. Wynn Jr., District Attorney, and Stephen L. Coxen District Attorney's Office, Covington, for appellant.
    for defendant: John L. Strauss, Covington, for appellee.
    Case Number: A06A0967

    The trial court did not err in determining that the state probation officer's statement was co

  • Vaughn v. State

    Publication Date: 2006-09-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A06A1587

    The trial court deprived the defendant of his right to be present at trial when it directed him to leave the courtroom during a colloquy with the jury about phone calls some of the jurors may have r

  • Braswell v. State

    Publication Date: 2006-09-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey A. Rothman Daniels & Rothman PC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A06A1296

    The administering officer's testimony provided sufficient grounds for admission of the Intoxilyzer 5000 test results, regardless of the admissibility of the inspection certifi