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  • Pabey v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jacquelyn L. Johnson, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A03A0299

    The defendant was entitled to summary judgment in the civil forfeiture action brought against her under the RICO statute because the state's evidence was insuffi

  • State v. Tate

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, Phillip C. Griffeth and Edward H. Brumby Jr., Assistant District Attorney, Athens, for the state. M. Eric Eberhardt Eberhardt & Hale LLP, Athens, for Tate.
    for defendant:
    Case Number: A03A1164; A03A1165

    An indictment charging the defendant with the aggravated a of his wife by using his hands to choke her did not require either a charge that his hands were deadly weapons or a charge on simple

  • In the Interest of V.E.H.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jean M. Kutner Kutner & Bloom, Atlanta, Michelle G. Lundy and Catherine B. Sanderson Lundy & Sanderson, Peachtree City, 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, Brenda A. Raspberry, Assistant Attorneys General, Atlanta, and James T. Chafin III, McDonough, for appellee. Other Party Representation: William D. Patten Jr., Stockbridge.
    Case Number: A03A0288

    Termination of the mother's parental rights was not warranted where DFACS presented no evidence of the mother's current circumstances or present unfi

  • Guzman v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles D. Joyner and James R. Little, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, District Attorney, Phil Wiley and Tracie J. Hobbs, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A03A0255

    Defendant, who served alcohol to a minor and allowed the minor to drive his vehicle while intoxicated, was a party to the crime of vehicular homicide after the minor lost control of the car, killing

  • Looney v. M-Squared Inc.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Craig E. Bertschi Kilpatrick Stockton and George C. Chenggis Richardson & Chenggis, Atlanta, for Looney. Keven K. Kenison Kenison & Dudley and Joel F. Geer, Greeneville, S.C., for M-Squared Inc.
    for defendant:
    Case Number: A03A0614; A03A0615

    The plaintiff could not recover for misappropriation of business opportunities it choose not to p

  • Epps v. State

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark A. Casto, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Susan L. Henderson, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A1184

    The trial court did not abuse its discretion in admitting photocopies of the fraudulent transaction receipts since the store manager testified that he could not find the store's original copies afte

  • Smith v. State

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cindi L. Yeager, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney and Herman M. Kilgore, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A0534

    The trial court did not err in refusing to strike for cause a prospective juror who stated that she had been the victim of violent crime since the juror testified that she could render a decision b

  • In the Interest of D. B. P.

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William O. Tullis Jr., Blairsville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Stephanie B. Hope, Special Assistant Attorney General, Atlanta, and Robbie E. Colwell, Special Assistant Attorney General, Blairsville, for appellee. Other Party Representation: Riley White, Susan Ledford Union County DFCS, and John Andrews, Blairsville.
    Case Number: A03A0140

    Clear and convincing evidence supported the termination of the mother's parental rights where she continued to abuse drugs, r to end her abusive relationship with one child's putative father,

  • Spear v. Calhoun

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joyce W. Bergman, Fairburn, for appellant.
    for defendant: . Robert M. Darroch and Gino L. Montoya Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A03A0392

    The owner of an apartment complex could not have foreseen the death of plaintiff's daughter who was hit by a stray bullet fired by a New Year's Eve re

  • City of Atlanta v. Conner

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Linda K. DiSantis, City Attorney, Bernard R. Thomas Sr., Senior Assistant City Attorney, and Michelle L. Thomas City of Atlanta, Law Dep't, Atlanta, for appellant.
    for defendant: . Gary J. Leshaw, Decatur, for appellee.
    Case Number: A03A0174

    The trial court determine the fair market value of th ntiff's home before it could award damages for the city's breach of a rehabilitation program contract, which resulted in deterioration of t