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  • Yates v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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:
    Industry:
    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

  • Floyd v. State

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J Farnham Farnham & Assocs., Social Circle, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Bryan H. Frost, Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A1153

    The trial court properly denied the defendant's Batson claim after the state gave race-neutral reasons for striking three African-American potential j

  • Hammonds v. State

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer E. Hildebrand, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Michael J. Moeller, Assistant District Attorney, Summerville, for appellee.
    Case Number: A03A1266

    The trial court did not err in charging the entire code section for simple battery where it also charged on defendant's indictment and the indictment went out with the

  • In the Interest of J. D. T.

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert E. Perrine Jr., Leesburg, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A03A0894

    There was no fatal variance between an allegation in the juvenile's indictment that he unlawfully took an International semi-tractor and the witness's testimony that the stolen semi-tractor was a

  • The Rental Equip. Group Inc. v. MACI LLC

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard A. Childs, Columbus, for appellant.
    for defendant: . Charles A. Gower, Columbus, and John P. Cannon, Albany, for appellees.
    Case Number: A03A1293

    The jury's award of $3.678 million in damages for promissory estoppel and/or breach of contract was within the range of damages shown by the evidence, including plaintiffs' detrimental reliance on d

  • International Biochemical Indus. Inc. v. Jamestown Management Corp.

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lynn C. Stewart and Scott D. McAlpine Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Susan E. Edlein Holland & Knight, Atlanta, for appellees.
    Case Number: A03A1275

    Res judicata did not bar the lessor from bringing claims for future or accelerated rent after successfully pursuing claims for past due rent in a dispossessory proceeding since the parties' lease ex

  • Grier v. State

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Rene J. Martin III, Richard A. Mallard, District Attorneys, and Michael T. Muldrew, Assistant District Attorney, Statesbor0, for appellee.
    Case Number: A03A0996

    Defendant was not entitled to a directed verdict on an obstruction count involving a jail dispatcher who had not completed his mandatory training at the time of defendant's arrest, since the record