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  • Johnson v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leon Hicks and Joseph R. Baker, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Nicholas Salter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A06A0100

    The state was permitted to ask leading questions of one of its witnesses and in admitting her taped interview for impeachment purposes, since the witness testified to facts, which were inconsistent

  • Mayes v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles C. Flinn Carnesale & Delan, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0787

    The defendant was not entitled to a charge on mere presence, since he based his defense on his contention that he was not present at the time of the c

  • Hill v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: James K. Kidd Public Defender's Office, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A06A0755

    Even if the interviewing officer misled the defendant about the subject matter of his interrogation prior to reading the defendant his Miranda rights, it did not render the defendant's ensuing state

  • Montgomery v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerald B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0627

    The officer who conducted a pat-down search of the defendant had a reasonable belief that the defendant might be armed, given his connection with a car-jacked vehicle, which the officer st

  • In the Interest of T. G. Y.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael S. Webb, Assistant Pub. Defender, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Cynthia N. Johnson, Cohutta, for appellee. Other party representation: Philip F. Woodward, Dalton.
    Case Number: A06A0429

    The father had an extensive criminal history, resulting in repeat incarcerations, he had seven other illegitimate children, which he did not support and he had not seen his 4-year-old son in more t

  • In the Interest of T. A.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher E. Chapman, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Karen K. Martin Martin & Martin, Barnesville.
    Case Number: A06A0482

    The mother suffered from a mental condition that prevented her from adequately caring for her child, she failed to attend required counseling sessions and she did not take her medication as presc

  • In the Interest of K. B. T.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Thigpen Sr., Blackshear, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Cecelia Harris, Assistant District Attorney, Waycross, for appellee.
    Case Number: A06A0224

    The juvenile was a party to the crime resulting in the victim's death, since he stood by and watched while his companion repeatedly and brutally kicked a 65-year-old homeless man in his head, urina

  • Connell v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Samuel M. Olmstead District Attorney's Office, Bainbridge, for appellee.
    Case Number: A06A0210

    The defendant was not in custody for Miranda purposes simply from being pulled over and temporarily detained at a traffic

  • In the Interest of E. R.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Valerie Brown-Williams Brown-Williams & Assocs., Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Matthew Breedon, Assistant District Attorney, and Gregory W. Edwards District Attorney's Office, Albany, for appellee.
    Case Number: A06A0774

    The juvenile participated in an attack on another juvenile's grandmother, in which one of the assailants struck the grandmother with a sh

  • Smith v. State

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, and Teresa L. Doepke, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0180

    The defendant's sentence on two counts of aggravated assault m