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  • Keilholtz v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael R. Hauptman, Atlanta, and Thomas M. Witcher Witcher & Witcher, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Candace K. Slezak, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A0306

    Defendant's denial that he owned the car containing the drugs was admissible since he was neither detained nor seized when he first denied that the car keys found in plain view in his hotel room wer

  • In the Interest of J. B. C.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul K. Cook, Vidalia, and Judd Drake, Metter, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Sherri P. McDonald Newton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee.
    Case Number: A03A0564

    The juvenile court prematurely determined that there was no suitable relative with whom to place the children where the maternal aunt requested consideration for placement and had not been eval

  • Faulkner v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd J. Matthews, Hampton, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A03A0285

    The victim saw the shape of a gun beneath a sock covering the defendant's

  • In the Interest of N. L.

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, 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, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Karen K. Martin Martin & Martin, Barnesville.
    Case Number: A03A0880

    Evidence that the mother refused to ensure the safety of her children by allowing her husband to move back into her home after he had abused one of the children supported the termination of her pare

  • Lunsford v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Horace K. Sawyer III Sawyer & Sawyer, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, for appellee.
    Case Number: A03A0545

    The defendant's two convi for child molestation did not merge since separate evidence supported each convi

  • Daniel v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James P. Brown Jr., McDonough, and Lloyd J. Matthews, Hampton, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A03A0071

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Lopez v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephanie S. Benfield Stuckey & Manheimer LLC, Decatur, for Lopez. Wystan B. Getz Clark & Towne PC, Lawrenceville, for Medrano. Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A03A0470; A03A0471

    The trial court did not err in failing to give the first defendant's requested charge on false imprisonment since the evidence established that there was either a kidnapping or no detention-related

  • In the Interest of K. M.

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Stephen B. Taylor Harry Pavilack & Assocs., Statesboro, 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, Assistant Attorney General, Atlanta, and Anne R. Moore, Statesboro, for appellee.
    Case Number: A03A0357

    The father's sexual abuse of the oldest child and the parents' intellectual deficiencies and mental health conditions, which limited their pa capabilities, supported the termination of their p

  • Gilmer v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Valpey Valpey & Walker and Elizabeth B. Reisman, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Lee Darragh, Chief Assistant District Attorney, Gainesville, for appellee.
    Case Number: A03A0197

    The victim discovered the defendant in her car digging through her purse and the defendant threatened to kill her if she did not

  • Barranco v. Welcome Years Inc.

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven S. Griffin and Robert B. Friedman King & Spalding, Atlanta, for appellant.
    for defendant: Frederick L. Wright II Vaughn, Wright & Stearns, Atlanta, for appellee.
    Case Number: A03A0017

    The defendant failed to comply with Georgia's Hazardous Site Response Act after a site assessment revealed hazardous concentrations of lead in the soil of property the plaintiff contracted t