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  • 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

  • Morita v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Russell J. Parker and Frances D. Hakes, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2299

    Evidence that the defendant previously broke into an apartment, sexually assaulted an 11-year-old girl, took her into the woods and tied her to a chair was admissible to show his motive and lustful

  • State v. Mauerberger

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellant.
    for defendant: Patrick C. Cork Cork & Cork, Valdosta, for appellee.
    Case Number: A04A2346

    The officer's questions about weapons and drugs and his request for consent to search did not prolong, continue or otherwise extend the defendant's lawful detention during a traffic

  • In the Interest of K. R.

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Earle J. Duncan III, Glennville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Sean J. Lowe Cheney & Cheney PC, Reidsville, and Carol B. Miller, Pembroke.
    Case Number: A05A0097

    Some evidence showed that the mother unjustifiably failed to comply with her case

  • Scott v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Anna Blitz, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Blair D. Mahaffey and Alicia C. Gant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A04A2100

    Competent evidence supported the trial court's finding that defendant's garbage cans were outside the curtilage of his

  • Turner v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John M. Clark, Elberton, and Joseph E. Sapp Nelson & Sapp LLC, Toccoa, for Turner Sr. Drew W. Powell, Public Defender, Clarkesville, for Turner. Michael H. Crawford, District Attorney, Clarkesville, Richard K. Bridgeman, Assistant District Attorney, Toccoa, and Brian M. Rickman Stockton & Stockton LLC, Clayton, for appellee.
    for defendant:
    Case Number: A04A2164; A04A2165

    Evidence that one defendant had a sexually transmitted disease during the time in which he allegedly raped the victim did not constitute newly discovered evidence that entitled the defendant to a ne

  • Harris v. SAL Fin. Servs. Inc.

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Fredric Chaiken, Charlotte K. Perrell and Robert J. Kaufman Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: . G. Wayne Hillis Jr. and Aaron W. Lipson Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Grace E. Lewis, Assistant Attorney General, and Edward H. Lindsey Jr. Goodman, McGuffey, Aust & Lindsey, Atlanta.
    Case Number: A04A0926

    The arbitration clause in an agreement, which allowed an attorney who established a charitable trust for his client to buy and sell securities on behalf of the trust, was severable because the contr