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  • Hodges v. State

    Publication Date: 2006-01-27
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A2274

    The circumstantial evidence did not support a finding that the defendant's had joint constructive possession of the cocaine found on the floor behind the driver's seat of the car, which his co-defen

  • Hardeman v. State

    Publication Date: 2006-01-27
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, for appellee.
    Case Number: A05A2351

    The trial court did not err in admitting a witness's prior testimony under oath from the defendant's probation revocation hearing after determining that the witness was unavailable within the meanin

  • Montgomery v. State

    Publication Date: 2006-01-20
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Maurice G. Kenner, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0370

    The victim's alleged viewing of pornographic movies was irrelevant under the rule set forth in Cantrell v. State, 225 Ga. App. 680

  • Pickett v. State

    Publication Date: 2006-01-20
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James C. Wyatt, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A05A2165

    The defendant had no right to raise or pursue the victim's past sexual behavior in the absence of evidence that it was relevant to the issues at

  • Collins v. State

    Publication Date: 2006-01-20
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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 Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2029

    The trial court only meant to run the defendant's sentences concurrently, despite using language stating that the defendant's convictions for aggravated assault and family battery "merged" for sente

  • Scott v. State

    Publication Date: 2006-01-20
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    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: A05A1601

    The digital scales, marijuana, cocaine and cash found in the defendant's vehicle were admissible and relevant to the circumstances surrounding his a

  • Johnson v. State

    Publication Date: 2006-01-06
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Drew Findling and Cris E. Schneider The Findling Law Firm, Atlanta, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A05A1491

    The defendant confessed that he was the masked gunman who accosted two employees, forced them into a business office and robbed a movie th

  • Steverson v. State

    Publication Date: 2006-01-06
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen E. Tillman, Baxley, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Leslie K. DeVooght, Assistant District Attorney, Brunswick, and John B. Johnson III, Assistant District Attorney, Jesup, for appellee.
    Case Number: A05A2269

    The 13-year-old victim testified that the defendant pulled his pants down and put his mouth on his penis and the defendant's girlfriend testified that she witnessed the inc

  • Sledge v. Peach County

    Publication Date: 2006-01-06
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lawrence C. Collins Collins & Aromatorio PC, Byron, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellees.
    Case Number: A06A0356

    In determining a disputed boundary, a fence and hedgerow that were in place for more than 40 years constituted ancient landmarks whose location controlled over the description in the

  • Copeland v. State

    Publication Date: 2006-01-06
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Decatur, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1681

    The trial court properly admitted evidence of a 1993 child molestation conviction to show the defendant's course of conduct, lustful disposition and bent of mind in dealing with chi