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  • Jones v. State

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerald W. Brown, Athens, for appellant.
    for defendant: Ralph W. Powell Jr. Solicitor General, and Kevin D. Gonzalez Chief Assistant Solicitor General, Athens, for appellee.
    Case Number: A05A1163

    The trial court did not err in using language from the Implied Consent statute in its jury c

  • Hart v. State

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Martin L. Melton III, Hartwell, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A04A1997

    Trial counsels' decision not to raise the defendant's mental health in connection with his obstruction charge was based on trial strategy, since they intended to argue that defendant kicked the offi

  • Smith v. State

    Publication Date: 2005-05-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James E. Watkins, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0242

    The defendant did not invoke his Fifth Amendment right to counsel when he asked for and was appointed counsel to represent him on unrelated charges prior to confessing to an attempted bur

  • Monroe v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0389

    The defendant was on notice that photographs could be part of the state's file, since a police report in the file noted that an officer took photographs at the crime

  • Salmeron v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ricky W. Morris Jr. and J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0636

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the cit

  • Thornton v. Intveldt

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James D. Hogan Jr. Manko & Hogan, Marietta, for appellant.
    for defendant: Robert D. Boyd and Catherine M. Knight Boyd, Collar & Knight LLC, Atlanta, for appellee.
    Case Number: A05A0030

    Attorneys' fees are not authorized in an action seeking change of custody by the noncustodial p

  • In the Interest of J. M. W.

    Publication Date: 2005-05-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Rodney Q. Quarles, Chatsworth, for appellant.
    for defendant: in A05A0433. Joshua J. Smith, Dalton, for appellant in A05A0434. 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: Curtis A. Kleem, Dalton.
    Case Number: A05A0433; 05A0434

    Evidence that the mother failed to comply with her reunification case plan, failed to pay court-ordered child support and failed to bond with her 3-year-old child supported the termination of her p

  • 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