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  • In the Interest of A. C. O.

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, 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 James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Dorothy R. Avera, Brunswick.
    Case Number: A04A1425

    The mother and the father's failure to maintain a relationship with their children, support their children, complete a parenting class or get counseling to deal with domestic violence and alcohol ab

  • Pate v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mary F. McCord, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, Mickey R. Thacker, Assistant District Attorney, and Gregory S. Dickson District Attorney's Office, Cartersville, for appellee.
    Case Number: A04A1092

    Defendant's life sentence without parole was vacated since the state failed to give proper notice of the armed robbery conviction it used in aggravation of the his convic

  • Shackelford v. State

    Publication Date: 2004-10-08
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lucy K. Henry and Christopher J. Walker III Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, Alison W. Toller and Lindsey H. Burton, Assistant District Attorneys, Gainesville, for appellee.
    Case Number: A04A2173

    The defendant failed to make a prima facie showing of justification, which was necessary for admission of evidence of the victim's prior violent

  • Oduok v. Phillips

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Inyang P. Oduok, Savannah, proceeded pro se. Michelle L. Thomas DeKalb County Law Dept., Decatur, for appellees.
    for defendant:
    Case Number: A04A1595

    The trial had no jurisdiction over the plaintiff's civil rights and state law claims arising out of his allegedly wrongful arrest after the defendants filed a notice of removal to federal

  • Barrow v. State

    Publication Date: 2004-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: David E. Slemons, McDonough, for Barrow. Lloyd J. Matthews, McDonough, for Williams. Tommy K. Floyd, District Attorney, Blair D. Mahaffey and James L. Wright III, Assistant District Attorneys, McDonough, for appellee.
    for defendant:
    Case Number: A04A1429; A04A1430

    Evidence that the cocaine, which the second defendant threw from the car the first defendant was driving, had a street value of approximately $2,500 was sufficient to show intent to distr

  • In the Interest of J. B. C.

    Publication Date: 2004-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Judd T. Drake, Metter, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy Shalen S. Nelson, Senior Assistant District Attorneys, Laura W. Hyman, Assistant Attorney General, Atlanta, and Sherri P. McDonald Newton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: John K. Gross, Metter.
    Case Number: A04A1095

    The juvenile court did not abuse its discretion in finding that it was in the minor children's best interests to remain in the custody of DFACS for the purpose of allowing them to be adopted by thei

  • In the Interest of K. W.

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, 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, T. Michael Flinn, Carrollton, for appellee. Other party representation: Rita F. Cooper, Powder Springs.
    Case Number: A04A1513

    The father's refusal to break off a violent and drug-abusing relationship with the child's mother supported the termination of his parental r

  • Getkate v. State

    Publication Date: 2004-10-01
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lee Sexton Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A1264

    Because detectives gave the defendant inaccurate information about the sentence he was facing for harged offenses only after he confessed, their statements did not affect the voluntary nature o

  • Driggers v. Style Crest Products Inc.

    Publication Date: 2004-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William K. McGowan Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for appellant.
    for defendant: . Blake E. Lisenby Arnall, Golden Gregory LLP, Macon, for appellee.
    Case Number: A04A0891

    The trial court had no discretion to grant summary judgment without first hearing oral argument, which the defendants properly requested pursuant to Uniform Superior Court Rul

  • Crews v. State

    Publication Date: 2004-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A1354

    Consistent details of molestation by the four victims in separate interviews gave police probable cause for a warrant to search the defendant's