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  • Chamblin v. K-Mart Corp.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen L. Ivie, Ashburn, and John M. Brown, Augusta, for appellant.
    for defendant: . Nicole W. Stout and James S. Strawinski Strawinski & Goldberg LLP, Atlanta, for appellee.
    Case Number: A04A2203

    Under the learned intermediary rule, the prescribing physician, not the pharmacist, has the duty to counsel or warn his/her patients about the possible adverse effects of prescribed medica

  • Fennell v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark J. Nathan, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A1859

    The defendant was not entitled to a reversal of his conviction for the sale of a controlled substance based on the district attorney's improper comments in closing, since he failed to renew his obj

  • Hart v. State

    Publication Date: 2005-03-17
    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

  • In the Interest of K. S.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Teresa G. Bowen, Blackshear, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Charles R. Reddick, Homerville, for appellee.
    Case Number: A04A2134

    A finding of deprivation must be based on the parent's unfi

  • In the Interest of S. G.

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, and Robert G. Nardone, Avondale Estate, for appellee.
    Case Number: A05A0212

    The mother's severe mental deficiency-paranoid schizophrenia-rendered her unable to adequate care for her

  • Brantley v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard M. Darden, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Larry Chisolm, Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A2329

    Defense counsel's decision not to request charges on alibi and mere association was a matter of trial ta

  • Raith v. Blanchard

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellant.
    for defendant: Lynn M. Leonard, Atlanta, for appellees.
    Case Number: A04A1612

    The plaintiff did not assume the risk of her injuries by continuing to interact with the defendants' dog after he growled a

  • Forehand v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A0597

    The totality of the evidence supported the trial court's conclusion that the defendant voluntarily and intelligently waived his rights before making his audiotaped statement, even though he had a BA

  • Treadwell v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1758

    Evidence that one co-defendant had talked about "burning" or shooting people and had recklessly fired a gun in the air days earlier, was inadmissible, since it did not relate to a present and immedi

  • State v. Harper

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jeffrey H. Brickman, Acting District Attorney, Gregory K. Schwarz, Assistant District Attorney, Decatur, for appellant.
    for defendant: Curtis W. Miller, Lithonia, for appellee.
    Case Number: A04A2293

    The trial lacked authority to transfer a 15-year-old's prosecution for armed robbery with a handgun to juvenile