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  • In the Interest of G. S.

    Publication Date: 2006-05-12
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Meron Dagnew and Bentley C. Adams III Public Defender's Office, Dalton, for appellant.
    for defendant: Bruce A. Kling, Dalton, for appellee.
    Case Number: A06A0283

    Evidence that a parent is having financial difficulties does not support a finding that the parent is

  • Jones v. State

    Publication Date: 2006-05-12
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0060

    The record did not support the defendant's allegation that the trial court erroneously charged on justification by tailoring it as a defense to hom

  • Branton v. State

    Publication Date: 2006-05-12
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Andrew C. Hall, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0648

    The defendant's speedy trial demand, which he filed three court terms after the term in which he was indicted, was unt

  • Kelley v. State

    Publication Date: 2006-05-12
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gerald B. Kleinrock, Decatur, and Leigh S. Schrope Georgia Pub. Defenders Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0065

    In light of the jury charge taken as a whole, the trial court did not reversibly err by failing to specifically charge on the defendant's mere presence at the scene of an aggravated assault with a d

  • Glidewell v. State

    Publication Date: 2006-05-12
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Milledgeville, and Gregory L. Bushway, Assistant District Attorney, Gray, for appellee.
    Case Number: A06A0227

    Some slight evidence authorized the jury to conclude that the defendant acted from a sudden, violent and irresistible passion resulting from serious provocation when he killed his estranged wife aft

  • In the Interest of L. S.

    Publication Date: 2006-05-05
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: s Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Kathleen A. Giroux, Assistant Solicitor, Lyn K. Armstrong and Ayana C. Curry, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A06A0424

    The juvenile court erred in finding that it lacked jurisdiction to re-open the juvenile's case after another court determined that the juvenile was not competent to stand

  • Mauge v. State

    Publication Date: 2006-05-05
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Lamont A. Belk and Leonora Grant, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A06A0635

    Investigators, who went to defendant's parent's home to arrest defendant's brother, were entitled to initiate a "first tier" encounter with defendant when they found defendant sleeping in a car park

  • Banks v. State

    Publication Date: 2006-05-05
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0628

    The continuing witness rule did not apply to an anatomical dr

  • Garcia v. State

    Publication Date: 2006-05-05
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A06A0510

    The defendant was not entitled to a charge on conspiracy as a lesser offense where the undisputed evidence showed commission of the completed

  • Pollio v. State

    Publication Date: 2006-04-28
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner District Attorney's Office, Douglasville, for appellee.
    Case Number: A06A0737

    The trial court properly excluded evidence of the victim's prior false accusation of sexual misconduct, since no reasonable probability of falsity existed under the circumstances and the statement i