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  • State v. Robinson

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, and W. Scott Smith, Atlanta, for appellant.
    for defendant: Daniel K. McCall and Nancy I. Jordan, Marietta, for appellee.
    Case Number: A05A1574

    The defendant had no reasonable expectation of privacy in a fast food bag, which his companion was eating out of minutes b

  • State v. Brown

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, and Stephen L. Coxen District Attorney's Office, Covington, for appellant.
    for defendant: John B. Degonia Jr., Covington, for appellee.
    Case Number: A06A0390

    The trial court was authorized to find that the officer's testimony that the defendant had been weaving was not credible and that he lacked reasonable suspicion to make a second-tier Terry

  • Effingham County Bd. of Tax Assessors v. Samwilka Inc.

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer & Lorberbaum PC, Savannah, for appellant.
    for defendant: Walter C. Hartridge and David B. Dennison Bouhan, Williams & Levy LLP, Savannah, for appellee.
    Case Number: A05A1790

    An individual's "benefit" in property owned through tenancy in common should be determined on pro-rata basis for the purposes of O.C.G.A. § 48-5-7.4 b 3-restricting a person's conservation use tax t

  • In the Interest of Z. H.

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, and Jerry F. Pittman Public Defender's Office, Carrollton, for appellant.
    for defendant: Nina M. Baker, Solicitor General, for appellee.
    Case Number: A06A0163

    The then 12-year-old juvenile made physical contact with the 4-year-old victim by thrusting his groin against her groin

  • Board of Regents of the Univ. Sys. Of Ga. v. Doe

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Ralph W. Ellis, Assistant Attorney General, for appellant.
    for defendant: Warren N. Sams III The Sams Law Firm, T. Joshua Archer and Michael J. Bowers Balch & Bingham, Atlanta, for appellee.
    Case Number: A05A1892

    Material issues of fact remained as to whether the Board of Regents of the University System rgia breached a 1997 employment contract to hire the plaintiff as a tenured full professor and dean

  • In the Interest of B. L.

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Mark H. Yun, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, Joseph T. Justice, Dallas, and Patricia K. Buonodono, Marietta, for appellee. Other party representation: Alan C. Manheim Manheim & Manheim LLC, Marietta, and Donald R. Donovan, Hiram.
    Case Number: A05A1882

    The father failed to comply with his reunification plan by failing to provide proof that he completed anger management classes, failing to maintain a safe and stable home, failing to meet his child

  • Dawkins v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William R. Folsom, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A05A1923

    The defendant's felony conviction for making a false statement was reversed, since the evidence of the defendant's conduct could also be used to prove the misdemeanor offense of giving a false name

  • Peacock v. Spivey

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William F. Rucker, Decatur, for appellant.
    for defendant: Theresa K. Read LaMalva, Read & Oeland, Conyers, Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly, James D. Coots, Cynthia A. Presto, Assistant Attorneys General, Atlanta, and Brandon A. Oren Jones, Cork & Miller, Macon, for appellees.
    Case Number: A05A1823

    The trial court properly dismissed the plaintiff's suit alleging that asphalt company employees spilled diesel fuel, causing damage and contamination to his property, since the plaintiff agreed to v

  • Simon Property Group Inc. v. Benson

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly and Jay D. Bennett Alston & Bird, Atlanta, and Charles C. Clay, Marietta, for appellant.
    for defendant: . John F. Salter Jr., Roy E. Barnes The Barnes Law Group LLC, Marietta, and Gary J. Toman Nation, Toman, Nutter & McKnight LLP, Atlanta, for appellees.
    Case Number: A05A2256

    The gift cards and certificates in question cannot be deemed abandoned under the Disposition of Unclaimed Property Act, since the defendant issued them less than five years prior the plaintiffs'

  • Hambrick v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Drew Findling, Cris E. Schneider The Findling Law Firm, and Elizabeth G. Rankin, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1596

    The victim told multiple healthcare professionals, a rape counselor and her mother that the defendant beat and raped her prior to recanting her story at