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  • Banks v. State

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Ann B. Harris, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2067

    The trial court did not place the defendant's character in issue by reading a portion of his indictment to the jury in which he was identified by the alias, "Ps

  • Johnson-Kouassi v. State

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Nicholas Pagano, Mableton, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Herman M. Kilgore, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1342

    The defendant stabbed her husband in the back after he refused to get out of their bed and sleep on the couch, penetrating, his skin, muscle and k

  • Hough v. State

    Publication Date: 2004-09-24
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Robert Stokely, Solicitor General, Newnan, for appellee.
    Case Number: A04A1970

    The trial court improperly sentenced the defendant on both counts of a two-count accusation of DUI-less safe driver and per se DUI because they arose from the same conduct and statutory double jeopa

  • Hicks v. Sumter Bank & Trust Co.

    Publication Date: 2004-09-24
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Alan I. Begner and Katherine K. Wood Begner & Begner, Atlanta, for appellant.
    for defendant: Kimberly A. Reid Gardner, Wilis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: A04A1511

    A bank could not be held liable for statements made by an independent surveyor/engineer whom the bank's vice-president hired to conduct a soil study on the secured pro

  • Rigo v. State

    Publication Date: 2004-09-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julian M. Treadaway, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Andrew J. Saliba, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1635

    Defendant's convictions for battery and false imprisonment did not merge as a matter of law or fact since the evidence showed that the defendant bruised his wife's throat by strangling her after he

  • Ouellet v. Tillitski

    Publication Date: 2004-09-17
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Malcolm K. Sullivan and Michael A. Dillon, Forsyth, for appellant.
    for defendant: Michael J. Gorby and Christine A. Carson Gorby, Reeves, Peters & Burns PC, Atlanta, for appellees.
    Case Number: A04A1271

    The defendants were entitled to immunity from all of the plaintiff's claims under the child abuse reporting statute, since the undisputed evidence showed that the defendants had reasonable cause to

  • Carden v. Warren

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: David B. Brown, Jonesboro, and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellee.
    Case Number: A04A1592

    The biological father did not abandon his opportunity interest in his 7-year-old son, to whom he provided continuous financial support and attempted to contact both socially and through gifts and

  • Gearin v. State

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Cole v. State, 262 Ga. App. 856 2003, is overruled to the extent it states that O.C.G.A. § 17-10-7 a "is not applicable to sentences imposed pursuant to a hearing on a guilty

  • Gray v. Dental One Assocs. Inc.

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Larry G. Cobb Cobb, Grabbe & Spillers, and Alexander Gordon, Atlanta, for appellee.
    Case Number: A04A1521

    The plaintiff could not show an essential element of his malicious prosecution claim since he agreed to perform community service in exchange for the dismissal of charges agains

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to