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  • Jones v. Burks

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John G. Edwards and William D. Edwards, Valdosta, for appellant.
    for defendant: Mary K. Bahl, Valdosta, for appellee.
    Case Number: A04A1109

    In granting custody to the maternal grandmother, the trial court failed to make preliminary findings by clear and convincing that granting custody to the children's biological father would harm them

  • Crumpton v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John E. Dalton Jr. and J. Stephen Gupton Jr. J. Stephen Gupton Jr. PC, Valdosta, for appellant.
    for defendant: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellee.
    Case Number: A04A0311

    No evidence supported the defendant's contention that the solicitor coerced him into entering a guilty plea to simply battery by offering him the choice of entering the plea or remaining in jail for

  • 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