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  • In the Interest of S. J.

    Publication Date: 2004-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David P. Smith, Smyrna, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and Betty R. Blass Edwards, Friedwald & Grayson, Marietta, for appellee.
    Case Number: A04A0836

    The evidence did not support the juvenile court's deprivation

  • Webb v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Walton County Pub. Defender, Monroe, for Webb. William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Chief Assistant District Attorney, Covington, for the state.
    for defendant:
    Case Number: A04A0860; A04A0861

    The defendant was not entitled to the lessor of two punishments under the rule of lenity, because his convictions for child molestation and sexual battery were both fel

  • In the Interest of M. K. H.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Donald C. Gibson, John P. Rivers, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Dorothy R. Avera, Brunswick.
    Case Number: A04A2093

    The mother refused to financially support her children, tested negative at only one of 22 scheduled drug screens, was habitually late to visitations and failed to receive treatment for her mental di

  • Williams v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Paul K. Cook, Vidalia, for appellant.
    for defendant: William S. Askew, District Attorney, and Samuel H. Altman, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A1730

    The defendant waived his Fourth Amendment objection to the admissibility of his custodial state

  • In the Interest of H. Y.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ralph F. Forsythe, Cedartown, for appellant.
    for defendant: Thurbert E. Baker, Attorney General Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Billie J. Crane Mundy & Gammage PC, Cedartown, for appellee. Other party representation: Richard J. Lundy Parker & Lundy, Cedartown.
    Case Number: A04A2245

    The evidence clearly established that the mother's actions and omissions, both before and after the children were placed in DFACS care, constituted neglect and that the children's deprivation was li

  • Georgia Dept. of Revenue v. Georgia Chemistry Council Inc.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Lesley C. Berggren, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A04A1602

    Department of Revenue Rule 560-7-8-.42 2 correctly reflects the plain language of O.C.G.A. § 48-7-40.12 and requires a business enterprise to have positive Georgia taxable net income for each of the

  • Whitmire v. Georgia Power Co.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hardy Gregory Jr., Cordele, Francis L. Morris Jr. Morris, Webster & Corless, Tifton, Bobby L. Cook, Summerville, and Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP, Atlanta, for appellant.
    for defendant: Hugh B. McNatt McNatt & Greene, Vidalia, John R. Reinhardt Reinhardt & Whitley, Tifton, Charles J. Willcox Moore, Clarke, Duvall & Rodgers, Louis E. Hatcher, Albany, and Robert L. Pennington, Atlanta, for appellees. Other party representation: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta.
    Case Number: A04A0826

    The Utilities Protection Center was not required to provide notice to the owner and operator of a high-voltage overhead power line, where the responsible party affirmatively denied that work would b

  • Harper v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Nathaniel Harper, Carrollton, proceeded pro se. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Rome, for appellee.
    for defendant:
    Case Number: A05A0260

    The defendant's five prior felony convictions, which he pled guilty to on the same day before the same judge and for which he received concurrent sentences, were not "consolidated for trial" as cont

  • In the Interest of T. R.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas E. Hatfield Law Office of J. Mark Hatfield, Waycross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and John D. Staggs Jr., Waycross, for appellee. Other party representation: Mary J. Cardwell and C. Deen Strickland, Waycross.
    Case Number: A04A1573

    The mother disobeyed a court order preventing the from having contact with her former stepfather and the former stepfather subsequently molested the

  • Lemons v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jo Ann Fields, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Victoria S. Aronow, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1021

    The victim's pre-trial identification of the defendant was not impermissibly suggestive, since the armed robbery occurred in daylight, the robbe ce was uncovered, the victim focused on the robb