• Grindle v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Benjamin C. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.

    Case Number: A04A0367

    The trial court did not abuse its discretion in sentencing defendant for felony theft by taking, given the victim's testimony that she had over $600 in currency in her

  • In the Interest of S. L. B.

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kelley A. Dial, Cartersville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Barry S. Haney Neel & Smith, Cartersville, for appellee.

    Case Number: A03A2514

    The incarcerated mother's promises to seek substance abuse counseling and rehabilitation in jail did not prevent the juvenile court from considering the mother's admitted history of substance abuse

  • Mulkey v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chris E. Ambrose and Douglas K. Silvis Silvis, Ambrose & Lindquist PC, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy and James L. Prine II, Assistant District Attorneys, Thomasville, for appellee.

    Case Number: A04A0783

    The trial court did not inform the defendant that she might receive a harsher sentence when the trial court told her that it intended to reject her negotiated plea agre

  • Moore v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Render M. Heard Jr., Tifton for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.

    Case Number: A03A1792

    Evidence that the victim was aware that the defendant had just taken her wallet from the child seat of a grocery cart supported his conviction for robbery by sudden snat

  • Rucker v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Bruce S. Harvey, David S. West, Jennifer S. Hanson and David W. Martin Law Offices of Bruce S. Harvey, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, Christian A. Pecone and Christopher R. Johnson, Assistant District Attorneys, Douglasville, for appellee.

    Case Number: A03A1797

    The officer acted reasonably and out of concern for his safety when he conducted a pat-down search of the defendant after witnessing unusual movement in the defendant's car and observing large bulge

  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.

    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp

  • Mealor v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher D. Elrod and Scott R. Tolbert Tolbert & Elrod, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.

    Case Number: A03A2282

    In the absence of testimony to the contrary, trial counsel's decisions were presumed to be tactically related to the defense strategy that the victim fabricated allegations of abuse because her fat

  • In the Interest of A. A.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy T. Herring and Charles B. Pekor Jr., Atlanta, for appellant.
    for defendant: . Tammy M. Griner, Griffin, for appellee.

    Case Number: A04A0002; A04A0003

    There was no "stop" because the juvenile driver had already stopped the vehicle before the officer approached and there was no seizure because the encounter was not threatening or coe

  • Watson v. Williams Travelcenter Inc.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen D. Apolinsky Eastman & Apolinsky LLP, Decatur, for appellant.
    for defendant: Pankaj K. Shere and Charles B. Marsh Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.

    Case Number: A03A2292

    There was no evidence that the defendant gas station had actual or constructive knowledge of the spilled diesel fuel that caused the plaintiff to slip and

  • Baggs v. State

    Publication Date: 2004-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary V. Bowman, McDonough, for Baggs. Jeffrey W. Cofer, McDonough, for Lopez. Steven M. Frey, Jonesboro, and Lloyd J. Matthews, McDonough, for Mondragon. Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    for defendant:

    Case Number: A03A2080; A03A2081; A03A2082

    Evidence that the first defendant actually handled and attempted to sell nearly 450 grams of methamphetamine to an undercover officer and that the second and third defendant voluntarily accompanied