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  • Thompson v. Thompson

    Publication Date: 2005-01-21
    Practice Area:
    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
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    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
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    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:
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    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
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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

  • In the Interest of A. M. A.

    Publication Date: 2004-12-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William A. Adams Jr., Thomaston, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and John R. Mallory, Thomaston, for appellee. Other party representation: Alonzo J. Bentley Jr., Thomaston.
    Case Number: A04A2162

    The juvenile court improperly delegated its duty to inquire about the mother's indigence when it adopted indigent counsel's finding that the mother was not indigent, without considering any evidence

  • City of Atlanta v. Clayton County Bd. of Tax Assessors

    Publication Date: 2004-12-30
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: Brian R. Dempsey, Lovejoy, and Jack R. Hancock, Forest Park, for appellee.
    Case Number: A04A0925

    A parcel of land at Hartsfield-Jackson International Airport, which the city of Atlanta leased to the United States Postal Service for mail sorting, was not exempt from Clayton county ad valorem tax