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  • In the Interest of J. R.

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wayne D. Keaton, Dallas, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, Sanders B. Deen, Assistant Attorney General, and Louis M. Turchiarelli, Marietta, for appellee.
    Case Number: A05A1317

    The father killed his wife in front of his 1-year-old disabled child and left the child alone with his mother's

  • Terrell v. State

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patrick C. Cork Cork & Cork, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Senior Assistant District Attorney, and Tracy K. Chapman, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A05A0984

    The trial court did not err in denying the defendant's post-sentencing motion to withdraw his guilty plea because, although he had filed a pre-sentencing motion to withdraw the plea, he knowingly an

  • Smith v. State

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Debra M. Finch and Benjamin A. Pearlman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A1363

    Burchette v. State, 278 Ga. 1 2004, which disapproved certain language in the Allen charge given in the defendant's case and was decided seven months after defendant's trial, is not retroa

  • In the Interest of J. B.

    Publication Date: 2005-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Gibson, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee.
    Case Number: A05A0842

    Because the mother failed to satisfy the case plan goal of remaining drug free for six consecutive months, the juvenile court did not err in granting DFACS' motion to discontinue its efforts to reun

  • Smith v. State

    Publication Date: 2005-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony O. Van, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A0905

    The defendant waived his right to counsel by disregarding the trial court's warnings about the risks of representing himself and filing bar complaints against both of his appointed lawyers, causing

  • In the Interest of B. S.

    Publication Date: 2005-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Johnny R. Pannell, Hawkinsville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Charles M. Johnson, Eastman, for appellee. Other party representation: Clayton A. Hall, Hawkinsville, and Laurel Straughn Guardian Ad Litem, McRae.
    Case Number: A05A1296

    The mother's repeated failure to comply with her case plan goals, her refusal to accept responsibility for her child's failure to thrive and her inability to provide for the child's medical and othe

  • Marlowe v. State

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John T. Strauss, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster Foster & Hanks, Monroe, for appellee.
    Case Number: A02A1633

    The Court of Appeals adopted the Supreme Court's judgment that a defendant who commits multiple crimes the course of a continuous crime spree may be convicted once for possession of a firearm

  • Blackwell v. State

    Publication Date: 2005-08-12
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    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
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    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
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    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