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  • In the Interest of A. J.

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Laura S. Farrar, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Mary E. Evans-Battle and Thomas L. Williams, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A05A0807

    The defendant sexually assaulted the victim after he and another youth pushed their way into the victim's

  • Dunbar v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for Dunbar. Grady K. Reddick, Sylvania, for McGee. Jerry M. Daniel, Waynesboro, for Roberts et. al. Richard A. Mallard, District Attorney, Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    for defendant:
    Case Number: A05A0487; A05A0488; A05A0489

    The defendants waived a juror's disqualification, because the defendants did not show ordinary diligence in discovering the juror's relationship to the victim by mar

  • In the Interest of K. D., T. B., H. B., and R. M. B.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John C. Shelton, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Charissa A. Ruel, Assistant Attorney General, Atlanta, for appellant.
    for defendant:
    Case Number: A05A0541

    The juvenile could not hold a DFACS employee in contempt for failing to follow an order, which had not yet been filed with the clerk of

  • Gartrell v. State

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Durwood R. Davis, Assistant District Attorney, Thomson, for appellee.
    Case Number: A05A0158

    Police found the defendant's DNA on a cigarette butt on the windowsill of the bedroom of a vacant mobile home where the defendant raped the v

  • Hammond v. Carnett's Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, Roy E. Barnes and John F. Salter Jr., Marietta, for appellant.
    for defendant: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Robert B. Hocutt, Mark D. Lefkow Nall & Miller, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
    Case Number: A03A2487

    FCC regulations provide that express permission to receive a fax is deemed to be given by recipients who have an existing business relationship with the s

  • Maxey v. State

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0450

    Coercion was not a viable defense to charges of armed robbery, aggravated assault and kidnapping where the defendant testified at trial that he did not participate in the commission of those c

  • Homer v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry Boykin Gordon & Boykin, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kimberly B. Lewis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A0312

    The defendant complied with the university's policy regarding employment of tenured faculty by offering the plaintiff a reduced salary after eliminating his administrative pos

  • Goodin v. Gwinnett Health Sys. Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lisa Goodin, Lawrenceville, proceeded pro se. Ashley D. Phillips, Juaquin L. Feazell, hall, Booth Smith & Slover PC, Wade K. Copeland, Margaret F. Blackwood Carlock, Copeland, Semler & Stair LLP, Frederick N. Gleaton Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellee. Other party representation: Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    for defendant:
    Case Number: A05A0587

    The trial court properly dismissed the plaintiff's pro se medical malpractice suit, because her original unsworn expert affidavit was invalid and her amended affidavit was untimely filed more than

  • Byers v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paul J. Miovas Jr. Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A0516

    The arresting officer had authority to detain the defendant for a reasonable amount of time following a valid traffic stop to write out a citation for spe

  • Patterson v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A05A0490

    The state gave a race-neutral explanation for using a peremptory strike to remove the sole African-American male prospective