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  • Sims v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jo C. Nesset-Sale, Atlanta, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A04A0063

    The standard of appellate review of a judgment entered on a special verdict that a criminal defendant is competent to stand trial is whether, after reviewing the evidence in a light most favorable t

  • Cutter v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen R. Yekel, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and George R. Asinc, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A0031

    The officer was not required to ignore a small, crack-cocaine type substance that he felt in the defendant's identification cardh

  • Donnalley v. Sterling

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Carlton L. Kell Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellant.
    for defendant: . Mark D. Link, Eric J. Hertz, Houston D. Smith III Hertz, Link & Smith PC, Tucker, Wade K. Copeland, Richard M. Pierro Jr. and Margaret F. Blackwood Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A05A0054

    The decedent was not an intended third-party beneficiary of a rental contract between a public high school football coach and the YMCA where the boy drowned during a 3-day training

  • Brown v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul K. Cook, Vidalia, for appellant.
    for defendant: William S. Askew, District Attorney, Mary K. Mitchell, Assistant District Attorney, Swainsboro, and David C. Walker, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A05A0741

    The trial court's error in admitting an unauthenticated audiotape of the second of two controlled buys between defendant and a confidential informant was harmless, in light of other direct and circu

  • In the Interest of K. B. F.

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald B. Lowe III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A1423

    The juvenile drove the other assailant to the victim's residence, spoke with the victim before the other assailant held a gun to the victim's head and led police on a high-speed chase away from the

  • Henry v. State

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William D. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Brian A. McDaniel, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A05A0441

    The indictment's six-year time frame did not render it insuffi

  • Ponder v. State

    Publication Date: 2005-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A05A0377

    The defendant's conviction for first degree vehicular homicide was affirmed be the evidence was sufficient to establish proximate

  • Brown v. Morton

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: . Derek M. Wright and Alan M. Shenberg The Wright Law Firm PC, Atlanta, for appellee.
    Case Number: A05A0558

    Defe did not violate the Fair Business Practice Act when they accepted payment for the installation of a pool they had no intention of completing, since there was no evidence showing that def

  • Broadcast Concepts Inc. v. Optimus Fin. Servs. LLC

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael S. Welsh Welsh Law LLC, Atlanta, for appellant.
    for defendant: Richard L. Robbins and Julianne N. Belaga Sutherland, Asbill & Brennan, Atlanta, for appellee.
    Case Number: A05A0602

    Evidence presumably supported trial court's f that the defendants' failure to file a responsive pleading was not due to excusable neglect and the facts of the case did not demand a contrary f

  • In the Interest of A. B.

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Holly A. Bradfield, Rome, for appellee.
    Case Number: A05A1076

    The mother had a 20-year history of cocaine abuse, she tested positive for cocaine at the younger child's birth, she refused treatment and drug screens and she failed to provide a home for the chi