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  • Waller v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Francis N. Ford Adams & Ford LLP, Eatonton, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Greensboro, and DuPont K. Cheney Jr., Assistant District Attorney, Eatonton, for appellee.
    Case Number: A04A0326

    The defendant took a substantial step toward the commission of arson when he poured gasoline on the kitchen floor of his

  • King v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Peter J. Ross and Noah H. Pines, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Alicia C. Grant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A04A0779

    The arresting officer had probable cause to search the trunk of the defe s vehicle after he smelled unburned marijuana in the vehicle and on the defe

  • Evans v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Michael T. Saul and Amy K. Radley Forsyth County Solicitor's Office, Cumming, for appellee.
    Case Number: A04A0980

    The defendant was not in custody when she voluntarily submitted to field sobriety tests because the officer took no overt action to make the defendant reasonably believe she was under a

  • Taylor v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Steven B. Mizerak Lander & Osborne LLC, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A04A1259

    Defendant, a convicted felon, brandished a gun at officers who responded to a domestic distur

  • Strickland v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Barry V. Smith, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A04A0502

    The trial court did not err in failing to issue a sua sponte charge on defense of property since the defendant claimed that he did nothing to cause the victim's bodily injuries and that the victim h

  • Bircoll v. Rosenthal

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Charles F. Peebles, Norcross, for Bircoll and Jaron. William W. Gardner, Atlanta, for Gardner. Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for Flattery and HN Real Estate Group. Robert C. Port Hasslett, Cohen, Goldstein, Port & Gottlieb, Atlanta, for Rosenthal. Other party representation: Ned Blumenthal and Seth G. Weissman Weissman, Nowack, Curry & Wilco PC, Atlanta.
    for defendant:
    Case Number: A04A0346; A04A0347

    ReMax North Atlanta v. Clark, 244 Ga. App. 890 2000, and Salinas v. Skelton, 249 Ga. App. 217 2001, foreclosed the buyers' claims against the sellers' real estate agent and her brokerage firm for fr

  • In the Interest of N. L. G.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Valerie Brown-Williams Brown-Williams & Assocs., Albany, for appellant.
    for defendant: Kenneth B. Hodges III and Leah E. McEwen, District Attorneys, Albany, for appellee.
    Case Number: A04A0155

    The juvenile was one of a large group of boys who chased the 12-year-old victim, knocked him down, kicked him, beat him with bricks and stabbed him several

  • Hughes v. Georgia Dep't of Corrections

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: B. Daniel Dubberly III, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Bryan K. Webb, Senior Assistant Attorney General, Dennis R. Dunn, Deputy Attorney General, and Ralph W. Ellis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A04A0427

    Monetary damages are not available to a state employee who alleges that he was wrongfully terminated under O.C.G.A. § 45-1-4-the Georgia Whistle Blower St

  • In the Interest of T.B.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin F. Windham, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and James T. Chafin III, McDonough, for appellee.
    Case Number: A04A0310

    DFACS was not required to create a reunification plan for a putative father who did not seek out his child for nearly four years after her crack addicted mother left home wit

  • Rehberger v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: August F. Siemon III, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0360

    The defendant could not attack his sentence as void since that issue was decided adversely to him in a prior proce