• Mathis v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gregory R. Barton, Solicitor, Douglasville, for appellee.

    Case Number: A05A1271

    The prosecutor's improper comments during closing argument were not made for the purpose of subverting the DUI defendant's protection of double jeo

  • Groover v. Johnston

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert K. Finnell, Rome and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: . Robert L. Berry Jr. and Stephen B. Moseley Brinson, Askew, Berry, Seigler, Richardson & Davis, Rome, for appellees. Other party representation: William Q. Bird and John G. Mabrey Bird & Mabrey PC, Atlanta.

    Case Number: A05A1096

    An anesthesiologist committed negligence per se by allowing nurses who did not have advanced skills or training to administer narcotics to patients without consulting with a physician prior to admin

  • Mathis v. State

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A05A2150

    The trial court's proper comments and direction of defense counsel during the defendant's trial did not violate O.C.G.A. § 17

  • Ryan v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Alvera A. Wheeler, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.

    Case Number: A05A1552

    The defendant was not entitled to a mistrial after a witness testified about his bad reputation, since the prosecutor did not deliberately elicit the response and the trial court immediately struck

  • State v. McKinney

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Monroe, for appellant.
    for defendant: David A. LaMalva, Conyers, for appellee.

    Case Number: A05A1330

    The defendant's 14-year-old son did not have the particularized authority to consent to the search of his father's be

  • Woods v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lloyd J. Matthews, Acworth, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, Layla V. Hinton, Assistant District Attorney, Covington, for appellee.

    Case Number: A05A1744

    The trial court's admission of an investigator's statement that the victim was "believable" did not amount to plain

  • Alvarez v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard M. Nichols, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, and Kurt J. Martin, Assistant District Attorney, Douglas, for appellee.

    Case Number: A05A2042

    The victim's videotaped interview and the testimony of her examining physician supported the defendant's conviction for child molest

  • Benefield v. Martin

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jerry C. Carter Jr., Gainesville, for appellant.
    for defendant: Joel K. Tharpe, Ryan M. Reid, Gainesville, and Melody A. Glouton Webb, Tanner & Powell, Lawrenceville, for appellee.

    Case Number: A05A1719

    The plaintiff's claims against her brothers arising out of their administration of their parents' estates were within the probate court's jurisdi

  • Moore v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.

    Case Number: A05A1201; A05A1202

    The superior court had concurrent jurisdiction with the juvenile court over a 1974 armed robbery offense, which the defendant committed when he was 16 year

  • Pope v. Board of Comm'rs of Fulton County

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy J. Sweeney, James P. Robertson Jr., Melana Kopman and Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: K. Prabhaker Reddy Reddy & Silvis LLC, Richard R. Gignilliat Elarbee, Thompson, Sapp & Wilson, and James J. Park U. S. Court of Appeals, Atlanta, for appellees.

    Case Number: A05A1237

    The appellants' own letter to the county board of commissioners provided some evidence supporting their removal from their positions on the county's board of tax asse