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  • Peters v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Grimes, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Robert A. Rogers, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A1630

    The evidence did not support a finding that the defendant's blood alcohol level exceeded the legal limit within three hours of the last time he controlled a moving ve

  • Dasher v. State

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Senior Assistant District Attorney, and Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A06A1084

    The trial court did not reversibly err in charging the jury on identification with language which was disapproved of in Brodes v. State, 279 Ga. 435 2005, since ample evidence connected the defendan

  • Franklin v. State

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas O. Humphries Jr. Public Defender's Office, Conyers, and James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A06A1923

    The officer's observation of defendant's unusual and evasive behavior in an area where a burglar alarm was activated, coupled with the defendant's refusal or inability to respond to the officer's qu

  • Redman v. State

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A06A1479

    The defendant opened the door to all evidence of his character, including his prior juvenile adjudication for child molestation, when he chose to have a character witness testify on his b

  • Allen v. State

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Bruce K. Gray, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A06A1186

    The victim testified that when she was 13 years old, the defendant forcibly placed his penis in her vagina and made two or three painful thrusts as she fought hi

  • In re Longino

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John T. Longino, Ellijay, for appellant.
    for defendant: Pinkie T. Toomer Fulton County Probate Court, Willie J. Lovett Jr. and Claudia P. Campo Fulton County Attorney's Office, Atlanta, for appellee. Other party representation Henry D. Fellows Jr. and Thomas K. Wingfield Fellow, Johnson & LaBriola LLP, Atlanta.
    Case Number: A06A1025

    The probate court's citation sufficiently notified the appellant so as to enable him to answer the charge that there was cause to revoke his letters as guardian of his incapacitated mother's propert

  • Noorani C-Stores Inc. v. Trico V Petroleum Inc.

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Henry D. Frantz Jr., Decatur, for appellant.
    for defendant: Roger F. Krause, Atlanta, for appellees.
    Case Number: A06A1072

    The contract regarding the buy-back of a convenience store was not unenforceable for vagueness for failing to adequately describe the property involved, since it incorporated by reference an exhibit

  • In the Interest of K. L. H.

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Nathan E. Jackson and James J. Anagnostakis The Law Office of James Anagnostakis, Douglasville, for appellant.
    for defendant: Wayne D. Keaton, Dallas, for appellee.
    Case Number: A06A1206

    The juvenile court had jurisdiction over the deprivation action, even though the allegations were raised by the non-custodial parent, since there were unchallenged, valid allegations of deprivation

  • Miller v. State

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1360

    The trial court properly limited Miller's closing argument to one hour, since he was not indicted for a crime punishable by

  • Simmons v. State

    Publication Date: 2006-09-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George C. Creal Jr., Forest Part, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor, Fayetteville, for appellee.
    Case Number: A06A1517

    The DUI provisions of O.C.G.A. § 40-6-391 apply to "any moving vehicle" on all streets, highways and private property in Georgia, including golf carts driven on municipal trail sy