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  • Smith v. State

    Publication Date: 2005-11-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0005

    Although the defendant was intoxicated on the night in question, he failed to show that his intoxication resulted in more than a temporary alteration of his brain fun

  • Purser Truck Sales Inc. v. Horton

    Publication Date: 2005-11-04
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Molly L. McCollum, Macon, for appellant.
    for defendant: Mark W. Straughan Straughan & Straughan, McRae, for appellee.
    Case Number: A05A1417

    Georgia's Controlled Substances Act does not clearly and explicitly create a lien for towing and storing a vehicle at the request of a law enforcement a

  • Maddox v. State

    Publication Date: 2005-11-04
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2234

    The 11-year-old victim's testimony and her videotaped interview supported the defendant's convictions for aggravated child molestation and aggravated sexual ba

  • Chhina Family Partnership LP v. S.K. Group of Motels Inc.

    Publication Date: 2005-10-28
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael C. Hall, Albany, for appellant.
    for defendant: . Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellee.
    Case Number: A05A0926

    Merger clause in a sales contract for the purchase of a motel did not defeat the buyer's fraud claim, since the buyer based that claim on misrepresentations contained in the contract i

  • Fitz v. State

    Publication Date: 2005-10-28
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • In the Interest of C. M.

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael L. Chidester, Byron, for appellant.
    for defendant: Andrew S. Foster, Macon, Thurbert E. Baker, Attorney General, and Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A1951

    The father's health deficiencies, including asthma and emphysema, rendered him unable to adequately provide for his children's

  • Daguilar v. State

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul M. Ledbetter Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie N. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A1833

    After the defendant exercised his right to self-representation, he had no right to both represent himself and be represented by co

  • 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
    Practice Area:
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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