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  • Bartley v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Timothy B. Lumpkin, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0770

    Defendant entered a pool hall carrying a gun and wearing a ski mask, he demanded money from the owner, placed the gun to the owner's head and pulled the trigger, but the gun failed to

  • Sims v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jo C. Nesset-Sale, Atlanta, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A04A0063

    Some evidence supported the special jury's finding that the defendant was competent to stand trial, despite his l

  • Hendrix v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Phillips, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A0713

    The trial court did not err in charging on self-defense where the evidence showed that the aggravated assault victim straddled the defendant and struck him repea

  • Joyner v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James K. Kidd, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A04A0207

    The defendant entered the victim's at 1:30 a.m. without permission, awoke the victim by touching her on her pubic area and took money and prescription drugs from her

  • Williams v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Anne L. Durden, Bartow, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A0194

    The 12-year time-lapse between the similar transaction evi and the charged crimes went to the weight, not the admissibility of the similar transaction evi

  • Vaillant v. City of Atlanta

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Tracey A. Moran, East Point, for appellant.
    for defendant: J. Marcus Howard Bird & Mabrey PC, Atlanta, for appellees. Other party representation: William D. Temple Temple, Strickland & Counts, Decatur, and Bradley K. Donnell McAfee & Taft PC, Oklahoma City, Okla.
    Case Number: A04A0600

    Plaintiff's only written notice of her injury claim against the city-an "Air Talk" form, which she mailed to an airport's customer service manager-did not substantially comply with statutory anti-li

  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • McKenna, Long & Aldridge LLP v. Keller

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter C. Canfield, Thomas M. Clyde and Marcia K. Stadeker Dow, Lohnes & Albertson, Atlanta, for appellant.
    for defendant: Neal H. Howard and William D. James Neal H. Howard & Assocs. PC, Atlanta, for appellee.
    Case Number: A04A0624

    The plai could not sue his adversary's law firm for negligence where the law firm owed no legal duty to the plai

  • Cooper v. Binion

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David R. Hughes Hughes & Bailey LLP, Atlanta, for appellant.
    for defendant: Richard G. Tisinger Jr., Kenneth B. Crawford Tisinger, Tisinger, Vance & Greer PC, Carrollton, and Brynda R. Insley Insley & Race, Atlanta, for appellees.
    Case Number: A03A2585

    A h l was not entitled to summary judgment on the grounds that its emergency room physician was an independent contractor where several relevant factors raised jury questions as to whether the

  • Urapo-Sanchez v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Andrew A. Hothem, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A04A0235

    The undercover agent's testimony that the defendant seemed calm, friendly and reassuring during their meetings and that he never showed any reluctance to participate in the transaction was sufficien