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  • In the Interest of M. V. H.

    Publication Date: 2006-09-22
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Diana L. Davis, McDonough, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas L. Williams and Mary E. Evans-Battle, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A06A1821

    The juvenile struck an 11-year-old with his closed fist, while holding a broken pencil, resulting in cuts to the victim's face and

  • Kelly v. State

    Publication Date: 2006-09-22
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Daniel K. Franck Public Defenders' Office, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Arthur J. Creque, Chief Assistant Solicitor General, Warner Robins, for appellee.
    Case Number: A06A1591

    Absent evidence of tampering, the trial court did not abuse its discretion in admitting the defendant's urine test re

  • In the Interest of H. M.

    Publication Date: 2006-09-21
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Curtis W. Miller, Lithonia, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Saudia L. Crawford, Atlanta, for appellee.
    Case Number: A07A1232

    Evidence that the mother suffered from untreated mental health problems, failed to complete her case plan goals, had five other children, who were in DFACS custody, and admitted that she had no bond

  • M. Homes LLC v. Southern Structural Inc.

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gary Freed and Deborah S. Cameron Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Lance A. Cooper Cooper, Jones & Cooper LLP and Patrick A. Dawson, Marietta, for appellee.
    Case Number: A06A1554

    The builder's predecessor-in-interest waived the right to arbitrate certain construction claims when it failed to raise the defense of arbitration in its answer, participated in discovery and agreed

  • In the Interest of T. J.

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Samms, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, Marie Y. Watson, Avondale Estates, and Hurl R. Taylor Jr., Ellenwood, for appellee.
    Case Number: A06A1560

    The mother failed to avail herself of a second opportunity four years ago to comply with her case plan when the Court reversed a prior order terminating her r

  • Buice v. State

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Bernes, Debra
    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: A06A0880

    The discrepancy between the indictment and jury charge on family violence battery was not fatal, since it had nothing to do with the manner in which the crime was comm

  • Givens v. State

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0925

    The officers denied giving the defendant any hope of benefit in exchange for his inculpatory stat

  • Peters v. State

    Publication Date: 2006-09-15
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    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
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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
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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