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  • Blackwell v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A05A1162

    Although the loaded shotgun and rifle found during a consent search of the defendant's car when he was arrested for stalking were not related to the aggravated assault charges against him, which ste

  • Kuehne v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tina M. Richards, Roswell, for appellant.
    for defendant: Barry E. Morgan, Cobb Solicitor General, and Lynne G. Voelker Solicitor General's Office, Marietta, for appellee.
    Case Number: A05A1551

    The defendant's argument that the arresting officer did not correctly perform the HGN test went to the weight of the test results, not their admissib

  • Lummus v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John T. Strauss, Public Defender, and Edgar A. Callaway Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A1061

    The defendant was not entitled to a jury charge on mistake of fact where he admitted that he wrongfully took the victim's pro

  • State v. Durr

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barry E. Morgan, Cobb Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and HW. Nichols, Assistant Solicitor General, Marietta, for appellant.
    for defendant: Roger J. Rozen, Marietta, for appellee.
    Case Number: A05A0514

    If the campus police officer was in hot pursuit of the defendant when he left the campus, the defendant's subsequent arrest outside of that jurisdiction was p

  • Bouve and Mohr LLC v. Banks

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas S. Carlock, Mary K. Greene and Renee Y. Little Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
    for defendant: James A. Goldstein and Jonathan P. Hayes James A. Goldstein PC, Atlanta, for appellee.
    Case Number: A05A0687

    The trial court did not abuse its discretion in sanctioning the defendant for spoliation, because the police officer investigating the plaintiff's rape case was also employed by the defendant as a s

  • Horne v. J. H. Harvey Co.

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Bradley M. Hannan Smith, Hannan & Parker OC, Valdosta, for appellant.
    for defendant: Christopher T. Ross Gardner, Willis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: A05A0684

    The defendant was not entitled to summary judgment in a malicious prosecution case, because a jury issue remained as to whether the defendant acted with malice in prosecuting the plaintiff for depos

  • Builders Ins. Group Inc. v. Ker-Wil Enters. Inc.

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles L. Davis Jr. and Robert D. Ingram Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Thomas L. Holder Long & Holder, Katherine D. Dixon Drew, Eckl & Farnham LLP and Morgan M. Cressman Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A05A1350

    The Workers' Compens Act implicitly grants the State Board of Workers' Compens ancillary authority to resolve policy coverage issues when determining an employee's compens

  • James v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael J. Moore, Warner Robins, and Charles W. Byrd, Perry, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Elizabeth K. Bobbitt and Sandra G. Matson, Assistant District Attorneys, Macon, for appellee.
    Case Number: A05A1108

    The 4-year limitation period for the crime of concealing the victim's death in January 1999 did not start to run until July 2003, when the shooter confessed to police and took them to the victim's

  • In Re Schoolcraft

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: L. David Wolfe and Kathryn A. Westberry L. David Wolf P.C., Atlanta, for appellant.
    for defendant: Patrick D. Jaugstetter, Henry County Attorney, Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0081

    The trial judge should have recused himself from the rule nisi he in which he found an attorney in criminal contempt for misleading the court in a bond he

  • Cantera v. American Heritage Life Ins. Co.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James G. Tunison Jr., Valdosta, for appellant.
    for defendant: . G. G. Joseph Kunes Jr. Kunes Law Office, Tifton, for appellee.
    Case Number: A05A0743

    The trial court erred in granting summary judgment to the defendant in an interpleader action regarding the amount due under three life insurance policies issued on his wife because there is a genui