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  • In the Interest of D. D. B.

    Publication Date: 2003-10-10
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Assistant Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Atlanta, and Holly A Bradfield, Rome, for appellee. Other Party Representation: James G. Meeks Meeks & Richardson, Rome.
    Case Number: A03A1441

    The mother's history of mental illness and unwillingness to consistently to treatment for her condition supported the termination of her parental r

  • State v. Clark

    Publication Date: 2003-10-10
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Stephen D. Kelly, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Bart G. Altman and Patrick C. Kaufman, Brunswick, for appellee.
    Case Number: A03A1526

    The trial court erred in finding that a densely wooded swamp area outside the curtilage of the defendant's home was not an "open field" for purposes of Fourth Amendment ana

  • Cole v. State

    Publication Date: 2003-10-03
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel K. Franck Houston County Public Defender's Office, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Arthur J. Creque, Chief Assistant Solicitor-General, Warner Robins, for appellee.
    Case Number: A03A0946

    The officer's attempts to accommodate defendant's request for independent testing were not reasonable under the circumst

  • Buggay v. State

    Publication Date: 2003-09-26
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Steve C. Buggay Jr., Ambrose, proceeded pro se. Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A03A1609

    The trial court properly merged the defendant's convictions for misdemeanor fleeing or attempting to elude a police officer and fleeing or attempting to elude and sentenced him solely on the

  • Sellers v. State

    Publication Date: 2003-09-26
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A2103

    The identification of a minor victim by initials in a charging document is insufficient to put the defendant on notice of the particular person against whom the crimes were allegedly comm

  • Williams v. City of Atlanta

    Publication Date: 2003-09-26
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. M. Raffauf, Decatur, for appellant.
    for defendant: Lisa S. Morchower Assistant City Attorney, George M. Weaver and Larry D. Wolfe, Atlanta, for appellees.
    Case Number: A03A1075

    A direct appeal of an order denying substit of a party was premature where the case remained pending below and numerous issues awaited resol

  • Yates v. State

    Publication Date: 2003-09-19
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla v. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A1272

    Defendant's sentence requiring him to serve time in a probation detention center did not violate the constitutional prohibition on ex post facto laws, even though the sentencing statute in effect wh

  • Marryott v. State

    Publication Date: 2003-09-19
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lance T. McCoy, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Martha K. Helppie, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A03A1743

    Only full-time employees of a district attorney's office must be excused if challenged for

  • In the Interest of M. D. F.

    Publication Date: 2003-09-19
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Paul M. Ledbetter Jr. Ninfo & Ledbetter PC, Covington, for appellant.
    for defendant: Robert F. Mumford Mumford, Myers & Mooney, Conyers, for appellee.
    Case Number: A03A1639

    A parental rights termination order was insufficient on its face where it failed to state that continued deprivation will cause or is likely to cause serious physical, mental, emotional or moral har

  • Georgia Dep't of Community Health, Div. of Health Planning v. Gwinnett Hosp. Sys. Inc.

    Publication Date: 2003-09-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Clyde L. Reese, Deputy Attorneys General, Harold D. Melton, Senior Assistant Attorney General, Isaac Byrd, Sidney R. Barrett Jr., Assistant Attorneys General, and James D. Coots, Atlanta, for Georgia Dep't of Community Health. Jeffrey C. Baxter, Stanley S. Jones Jr. and Jennifer D. Malinovsky Nelson, Mullins, Riley & Scarborough, Atlanta, for EHCA LLC. Randall L. Hughes, Adrienne E. Marting, Charlotte A. Combre And John S. Rees Powell, Goldstein, Frazer & Murphy, Atlanta, for Gwinnett Hosp. Sys. Alexander S. Clay Kilpatrick & Cody, John W. Ray, Dawnmarie Rodziewicz and James M. Sherman Ray & Sherman, Atlanta, for Saint Joseph's Hosp. Other Party Representation: Kathy K. Dorough Dorough & Dorough LLC, Decatur.
    for defendant:
    Case Number: A03A1214; A03A1215; A03A1216; A03A1217

    The provisions of O.C.G.A. § 31-6-2 14, including the 12-month service rule, establish when an institution must apply for a hospital certificate of need, not whether an application is for a "new" or