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  • 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

  • Brewster v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard A. Waller, Jr., Assistant Pub. Defender, Perry, for appellant.
    for defendant: Kelly P. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A03A0368

    Defendant's conviction for making a terroristic threat did not merge as a matter of fact with his conviction for attempted rape since separate, distinct facts supported each

  • Simmons v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: William K. Wynn Jr., District Attorney, and Alan A. Cook, Special Assistant District Attorney, Covington, for appellee.
    Case Number: A03A0151

    Child witnesses are statutorily competent in criminal

  • Richey v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Nancy G. Brimberry, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A0774

    Defendant shot the victim with a rifle after the victim and his friend followed the defendant to a nearby apartment complex to ascertain why the defendant threatene

  • Roebuck v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A1100

    In the absence of a trial transcript, the trial court presumably conducted the voir dire portion of defendant's trial in a regular and proper m

  • Reese v. City of Atlanta

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William J. Wright, Columbus, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Tuwanda R. Williams, Assistant City Attorney, and Chiquita T. Johnson City of Atlanta Law Dep't, Atlanta, for appellees.
    Case Number: A03A0896

    A police officer was officially immune from liability arising out of his arrest of the plaintiff for criminal trespass where the officer acted within his discretion and scope of auth

  • Anderson v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wanda S. Jackson, East Point, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A0668

    The trial court erred in sentencing a defendant with a prior felony conviction to serve 365 in a state detention center for misdemeanor ba