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  • 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
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    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

  • In the Interest of A. T.

    Publication Date: 2005-02-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sonya R. Chachere-Compton, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Atlanta, and Andrea R. Moldovan, Douglasville, for appellee.
    Case Number: A05A0131

    The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her children would be seriously affected by a continuing parental relationship with the

  • Wilson v. State

    Publication Date: 2005-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Robert B. Faircloth Newton County District Attorney's Office, Covington, for appellee.
    Case Number: A05A0141

    The defendant's conviction for cocaine possession was reversed due to the ineffective assistance of his trial co

  • Jackson v. State

    Publication Date: 2005-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Marcia G. Shein, Decatur, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards District Attorney's Office, Albany, for appellee.
    Case Number: A05A0069

    The defendant failed to show how he was harmed by the trial court's comment that it would instruct the jury on how to analyze the statements of a defendant or by the jury charge

  • Steele v. Atlanta Maternal-Fetal Med. PC

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen F. Harris and Jim N. Peterson Jr. Peterson & Harris PC, Atlanta, for appellant.
    for defendant: . John E. Hall Jr. and Jonathan Marigliano Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A04A2023

    The trial court reversibly erred in overruling the plaintiffs' objection to defense counsel's closing argument, in which counsel effectively argued that the plaintiffs bore the burden of proving the

  • Owens v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0451

    The court did not err in making the defendant's 5-year sentences on two firearm possession convictions consecutive to all other sentences given at