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  • 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

  • Harden v. State

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Carlton K. Nelson III Nelson & Smith, Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, and Terry F. Holland, Dublin, for appellee.
    Case Number: A05A0319

    Trial court was not required to issue a sua sponte curative instruction after the rape victim's emotional out

  • Butler v. State

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Blair D. Mahaffey and James L. Wright III, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A05A0013

    The defendant voluntarily consented to a search of his bedroom, which revealed a handgun in plain

  • Stevenson v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joseph W. Jones Jr., Greenville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
    Case Number: A04A2385

    A grand juror's disqualification is not a viable ground for quashing an indic