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  • Ely v. State

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Bret E. Rudeseal, Shannon, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A05A1535

    Even if the defendant could have impeached two witnesses with prior videotaped statements, which the state failed to disclose, other evidence supported his aggravated assault convic

  • Gilliam v. Love

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: S. Judson Waites II, Marietta, for appellant.
    for defendant: Charles E. Pinkard Jr. Sharon Ware & Assoc, Atlanta, for appellee.
    Case Number: A05A1708

    The defendant was understandably confused as to when he was actually served, since a special process server, who pretended to be an insurance agent, came to his house with a copy of the complaint an

  • Kaiser v. State

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alan B. Kaiser, Nicholls, proceeded pro se. William K. Wynne Jr., District Attorney, Covington, for appellee.
    for defendant:
    Case Number: A05A1810

    A special condition on the defendant's probation, which permanently limited his ability to practice medicine, was

  • Whitworth v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John R. Martin Martin Brothers PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1340

    The trial court properly noted that there is a difference between the lesser degree of neutrality required of a prosecutor and the greater degree required of a

  • Tucker v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1675

    The victim identified the defendant as the woman who participated in the robbery at the victim's apar

  • In the Interest of S. N. L.

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gregory A. Voyles, Valdosta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Charissa A. Ruel, Assistant Attorneys General, Atlanta, Charles R. Reddick, Homerville, and William D. Edwards, Valdosta, for appellee.
    Case Number: A05A1026

    The mother's mild mental retardation rendered her unable to adequately care for her three chi

  • Heller v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: E. Jerrell Ramsey, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Jan Kennedy and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0896

    The state proved that the defendant possessed drugs seized from his house an

  • Smithson v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David H. Jones and Joseph C. Larkin King, King & Jones PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Karen M. Harris, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A05A1379

    The illegality of the warrantless search of the defendant's home did not constitute reversible error, because the subsequently executed search warrant was

  • State v. Williams

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellant.
    for defendant: Christopher P. Twyman Cox, Byinton, Corwin, Niedrach, Smith & Twyman, Rome, for appellee.
    Case Number: A05A0824

    No evi supported a "no-knock" provision in a search warrant that was based on standard language involving the affiant's general knowledge of whether the defendant would destroy the drug evi

  • Winkfield v. State

    Publication Date: 2005-09-30
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Joel N. Shiver Office of the Pub. Defender, Royston, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, for appellee.
    Case Number: A05A0814

    DNA evidence showed that the semen and sperm on the 74-year-old rape victim's bedding could only have come from the defendant or his identical twin br