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  • Harris v. Griffin

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sherard K. Dixon Huff, Powell & Bailey LLC, Roderick E. Edmond and Craig T. Jones, Atlanta, for appellant.
    for defendant: James E. Brim III Forrester & Brim, Gainesville, and Heather C. McGrotty Hall, Booth, Smith & Slover, Atlanta, for appellee.
    Case Number: A05A0576

    The defendant was not entitled to summary judgment based on his argument that he and the plaintiff had no doctor-patient relationship, because the defendant saw the plaintiff as a new patient, took

  • Dunbar v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee. Other party representation: Matthew K. Hube Hube & Tucker PC, Statesboro, and Jack E. Boone Jr., Augusta.
    Case Number: A04A1694

    The co-defe s statement that he participated in an armed robbery of a liquor store and that the money was split between several people did not directly inculpate the defe

  • Stone v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A05A0692

    The totality of the circumstances supported the trial court's finding that the 15-year-old's statement to police was knowing and volu

  • State v. Allen

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barry E. Morgan, Cobb Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, Nell A. Pedigo, Assistant Solicitor, Marietta, for appellant.
    for defendant: Victor P. Valmus Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A04A2128

    The officer's conduct in securing the defendant's consent to a state-administered breath test and her initial equivocation was fair and reaso

  • Stephens v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David E. Ralston, Blue Ridge, for appellant.
    for defendant: Janet P. Clay Cobb County Solicitor General's Office, Marietta, and Michael K. McKinney Ray & McKinney, Ellijay, for appellee.
    Case Number: A04A1607

    An officer found the defendant passed out behind the steering wheel of a parked vehicle with the engine running and the defendant failed a field sobriety

  • Curry v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Daniel B. Kane, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, Jeffrey L. Ballew and Christopher R. Johnson, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A04A1632; A04A1633

    An officer was not authorized to enter the defendant's home without a warrant, because there was no evidence that the drugs were in danger of immediate destru

  • Duffy v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0672

    The defendant was not entitled to a mistrial based on the state's closing argument that the absence of his .25 caliber pistol screamed of his

  • Nelson v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1882

    Exigent circumstances justified a protective sweep of the defendant's home, since officers knew that contraband and people were inside the house and saw the occupants attempting to

  • Neely v. Jones

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon Sims, Atlanta, for appellant.
    for defendant: John K. FitzGerald FitzGerald & Schultz, and John B. Craig Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A04A1801

    The plaintiff's personal injury suit was properly dismissed for lack of greatest due diligence where the plaintiff offered no explanation for the month-long delay between locating the city in which

  • Layfield v. Department of Transp.

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Castellow Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    Absent evidence of causation or negligence, defendants were entitled to summary judgment in plaintiff's suit arising out of a 1-car acc