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  • Doss v. State

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer D. Patterson, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A03A1481

    Under the circumstances of this case, the trial court did abuse its discretion in refusing to dismiss for cause a juror who was sexually molested as a

  • In the Interest of A. L. S. S., a child

    Publication Date: 2003-12-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brantley J. Swindell McCullough & Swindell, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Carol B. Miller, Pembroke.
    Case Number: A03A0953

    The putative father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • Martinez v. Housing Auth. of DeKalb County

    Publication Date: 2003-12-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Elena M. Mushkin and Eric G. Kocher Georgia Law Ctr. for the Homeless, Atlanta, for appellant.
    for defendant: Gene E. Massafra Wasson, Sours & Harris, Atlanta, for appellee.
    Case Number: A03A1723

    The Housing Authority met its burden of proving that a drug-related incident involving the tenant's 17-year-old son violated the terms of her pubic housing

  • Lawal v. State

    Publication Date: 2003-12-05
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Shade Lawal, Austell, proceeded pro se. Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and John W. Nichols, Assistant Solicitor General, Marietta, for appellee.
    for defendant:
    Case Number: A03A1608

    The state failed to show that the pro se defendant voluntarily relinquished his right to co

  • Menefield v. State

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and James M. McDaniel, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A2132

    The trial court did not abuse its discretion in denying the defendant's motion for a new trial based on newly discovered evidence where the evidence in question was an unauthenticated post-trial l

  • In the Interest of D.L.W.

    Publication Date: 2003-12-05
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michele W. Ogletree and Harold A. Sturdivant Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and LeAnne P. Cooper Power, Futch & Cooper PC, McDonough, for appellee. Other party representation: Karen M. Calloway, Fayetteville.
    Case Number: A03A1607

    The mother's history of mental illness supported a finding that her child was dep

  • Bell v. State

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1282

    The trial court did not err in admitting the 4-year-old victim's out-of-court statements since she was available to te

  • Bridges v. State

    Publication Date: 2003-11-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Chester L. Cannon Jr. Smith & Cannon, Vidalia, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A03A0866

    The defendant failed to lay a proper foundation for the introduction of a police report involving an alleged drug raid that he claimed was the basis for an illegal

  • Nugent v. Suntrust Bank

    Publication Date: 2003-11-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for Nugent. Tilman E. Self III, Macon, for Ray. William K. Carmichael Stokes, Lazarus & Carmichael, and Thomas V. Keough, Atlanta, for Suntrust Bank.
    for defendant:
    Case Number: A03A1530; A03A1531

    Defendants unambiguously agreed to be jointly and severally liable for full payment of a credit card account when they signed a "Business Card Application" in their individual cap