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  • Kelley v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    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
    Practice Area:
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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
    Practice Area:
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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

  • Stinson v. State

    Publication Date: 2006-04-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jason R. Clark, Conflict Defender, Hinesville, and Grayson P. Lane Public Defender's Office, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Leslie K. DeVooght, Assistant District Attorney, and David A. Peterson District Attorney's Office, Brunswick, for appellee. Other party representation: James C. Bonner Jr. Georgia Indigent Defense Counsel and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta.
    Case Number: A06A0274

    Defendants who elect to plead guilty and undergo alternative treatment in a Drug Court p are not entitled to a credit for time spent in treatment, if they are subsequently terminated from the

  • Phillips v. State

    Publication Date: 2006-04-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mark R. Gaffney, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1740

    Even if the trial court erred in compelling the defendant's wife to testify, there is no reasonable probability that the verdict would have been different in the absence of her similar transaction e

  • Henson v. Tucker

    Publication Date: 2006-04-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John J. Capo and Larry K. Butler Butler & Capo, Jasper, for appellant.
    for defendant: . Eugene B. Chambers Jr. Roach, Hasty & Geiger, Canton, for appellees.
    Case Number: A05A1735

    The defendants did not acquire prescriptive title to the disputed 5.9 acres of land by building a driveway less than seven years before the plaintiffs filed their quiet title