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  • Garibay v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A1347

    Evidence of the defendant's gang membership was admissible as part of the res gestae and to show his motive in committing the c

  • Benson v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Kelly D. Kautz, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1251

    Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere pre

  • Bhindi Bros. v. Patel

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grover C. Bailey, Atlanta, for appellant.
    for defendant: Charles A. Ratz and Andrea Bennett Gilliland, Ratz & Browning PC, Atlanta, for appellee.
    Case Number: A05A0996

    Res judicata did not bar the plaintiff's claims for past due rent and other damages in its suit for breach of a lease, because the plaintiff raised those claims in its prior dispossessory suit and t

  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • In the Interest of P. L. S. D.

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joshua J. Smith, Dalton, for appellant.
    for defendant: Philip F. Woodward and Bruce A. Kling, Dalton, for appellee.
    Case Number: A05A0843

    The mother continued to use illegal drugs, was unable to keep a job and faced criminal sanctions on drug-related ch

  • In Re: Estate of Barbara Jean Thornton

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Wallis Jr. Smith, Wallis & Scott LLP, Carrollton, for appellant.
    for defendant: George G. Shadrix, Carrollton, for appellee.
    Case Number: A05A0946

    There was no evidence to rebut the presumption that the plaintiffs' stepfather gifted the marital home to the plaintiffs' mother at the time of its purchase, when he deeded it into her

  • Speed v. Muhanna

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David N. Krugler, Andrew B. Cash Cash, Krugler & Fredericks LLC, and Charles A. Mathis Jr., Atlanta, for appellant.
    for defendant: Wade K. Copeland Courtney A. Buxton Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Emmitte H. Griggs Chambless, Higdon & Carson, H. Andrew Owen Jr. Jones & Sweeney, Hunter S. Allen Jr. Allen & Weathington PC, Atlanta, and Bonnie L. Baker Meadows & Futch PC, Stockbridge.
    Case Number: A05A1042

    The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for h

  • Brown v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James K. Kidd, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A05A0877

    The defendant sold a gun consistent with the one used in an armed robbery of a restaurant, in which $400 in rolled coins were stolen, and he was arrested in possession of two rolls of pennies from t

  • In the Interest of A. A.

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sami O. Malas, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Richard K. Murray, Dalton, for appellee. Other party representation: Philip F. Woodward, Dalton.
    Case Number: A05A1063

    The mother failed to provide necessary medical and dental care for her children, failed to properly supervise them and failed to meet her case plan

  • Georgia Dep't of Natural Resources v. Willis

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kendall L. Kerew, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Melvin M. Goldstein, Marietta, and Daniel B. Greenfield, Bremen, for appellee.
    Case Number: A05A1361

    Some evidence supported the state personnel board's termination of the appellee's employment as a state park superinte