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  • In the Interest of D. L. S.

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Thomas B. Hammond, Thomson, for appellee.
    Case Number: A05A0375

    The children were removed from their parents' custody due to extreme neglect and unsafe living conditions, the parents failed to comply with the reunification plan, and the parents failed to obtain

  • Stinson v. State

    Publication Date: 2005-01-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Crowe Lane & Crowe PC, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, John B. Johnson III, Ann S. Williams and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A03A2554

    The Court of Appeals adopted the Supreme Court's judgment that the defendant did not retain an unqualified right to withdraw his guilty plea after he signed a Drug Court Contract and utilized the b

  • Thompson v. Thompson

    Publication Date: 2005-01-21
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    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Charles M. Cork III Reynolds & McArthur, Macon, for appellant.
    for defendant: John K. Train IV and Julye M. Johns Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A03A2321

    The Court of Appeals adopted the Supreme Court's judgment that the trial court reversibly erred in a medical malpractice case in charging the jury that proximate cause is "sometimes called the domin

  • In the Interest of C. B.

    Publication Date: 2005-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Christopher M. Miller Miller & Assocs., Jasper, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Laura W. Hyman, Assistant Attorney General, Atlanta, Dana M. Thompson, John F. Cline Dana M. Thompson & Assocs. PC, Canton, for appellee. Other party representation: Wallace W. Rogers Jr., Assistant District Attorney, and Michael C. Chisolm, Canton.
    Case Number: A04A1722

    The father's inability to care for his special needs child early in her life led to her admission to a hospital for serious ne

  • Mills v. State

    Publication Date: 2005-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Allison McCarthy Head, Thomas, Webb & Willis, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Assistant Solicitor General, and Kisa D. Pangburn Solicitor General's Office, Marietta, for appellee.
    Case Number: A04A2375

    A discrepancy between the defendant's age as stated in the accusation and her actual age did not constitute a fatal var

  • Dixon v. State

    Publication Date: 2005-01-14
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A04A1682

    The officer had probable cause, under the totality of the circumstances, to stop the defendant for a suspected violation of O.C.G.A. § 40-8-7, which prohibits the operation of a vehicle with lightin

  • Porter v. State

    Publication Date: 2005-01-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Newton County Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A04A2218

    Because the defendant's letter to his ex-wife regarding his alleged molestation of a similar transa victim was not testimony, it was not subject to a continuing witness obje

  • DeSouza v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dwight L. Thomas and Caprice R. Jenerson, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Samuel W. Lengen and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1844

    The trial court did not abuse its discretion in declaring a mistrial where the jury was hopelessly deadl

  • Jackson v. State

    Publication Date: 2005-01-07
    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

  • Copper Tire & Rubber Co. v. Merritt

    Publication Date: 2004-12-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman Mathis & Gary LLP, Atlanta, for Cooper Tire & Rubber Co. Kermit S. Dorough Jr. Divine & Dorough, Albany and Jesse G. Bowles Bowles & Bowles, Cuthbert, for Merritt.
    for defendant:
    Case Number: A04A0811; A04A0812

    Workers' compensation provided the exclusive remedy for the plaintiff's injury due to his employer's negligence in failing to maintain a faulty for