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  • Yemane v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. Michael Maloof and William F. Rucker, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2233

    Some evidence supported the trial court's finding that the officers had consent to enter and check the apartment where they found pistols and a bag of suspected methamphetamine in a bedroom walk-in c

  • Hewell v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frank K. Martin, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and William D. Kelly Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A05A1787

    The defendant waived his right to appeal on speedy trial grounds when he pled guilty to armed robbery aggravated assault and a firearms of

  • Mayo v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sophia C. Butler, Baxley, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Leslie K. DeVooght, Assistant District Attorney, Brunswick, and Jan Kennedy, Assistant District Attorney, Baxley, for appellee.
    Case Number: A05A2156

    The evidence supported the defendant's conviction for possession with intent to distribute the 36 small blue bags of cocaine, which the officers found in the defendant's vehicle, in the road and al

  • Southern Empire Homes Inc. v. Ognio Grading Inc.

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert K. Prater R. Keith Prater PC, Newnan, for appellant.
    for defendant: Mark D. Gropp Wasson, Sours & Harris PC, Atlanta, for appellee.
    Case Number: A05A2299

    The trial court lacked discretion to deny the defendant's written request for oral argument on the plaintiff's motion for summary jud

  • Jennings v. State

    Publication Date: 2006-01-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paula O. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A05A1866

    The victim's identification of the defendant as her attacker was reliable under the totality of the circumstances as she had ample opportunity to observe him during the course of the

  • Walker v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2176

    The defendant was not entitled to exclusion of testimony describing the physical evidence seized under warrant from his residence on the basis that the testimony was the fruit of an unconstitutional

  • Greene v. Bryant

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Theodore H. Lackland, Atlanta, for appellant.
    for defendant: . Stephen M. Schatz, Melissa K. Kahren Swift, Currie, McGhee & Hiers, Atlanta, Brian S. Bischoff, James E. Bischoff Bischoff & White PC, and Paul S. Liston, Fayetteville, for appellees. Other party representation: Howard G. Slade, Fayetteville.
    Case Number: A05A1646

    It did not appear that the jury was inflamed by the trial court's error in admitting evidence that the first appellant was incarcerated for a bribery conviction at the time of the trial, since the j

  • Hodges v. State

    Publication Date: 2006-01-27
    Practice Area:
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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
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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