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  • Johnson v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A03A0477

    Defense counsel was not deficient for filing an improper, but meritless, motion to recuse the trial

  • RCG Properties LLC v. City of Atlanta Bd. Of Zoning Adjustment

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter M. Degnan and Candace N. Smith Alston & Bird, Atlanta, for appellant.
    for defendant: Susan P. Langford, David D. Blum, Lemuel H. Ward City of Atlanta Law Dep't, Christine K. Huffine, Lisa A. Wade and Bradley S. Wolff Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A02A1669

    The superior court erred in dismissing the appeal of a decision of the city of Atlanta Board of Zoning Adjustment BZA for lack of standing because it was bound by the facts presented to the BZA and

  • Schneider v. Susquehanna Radio Corp.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Michael K. Jablonski, Marc B. Hershovitz, Atlanta, and C. Ronald Ellington, Athens, for Schneider and Gardner. Sean R. Smith, Edward A. Webb Dow, Lohnes & Albertson PLLC, Atlanta, and Scott D. Dailard Dow, Lohnes & Albertson PLLC, Washington, D.C., for appellee.
    for defendant:
    Case Number: A02A1654; A02A1655

    The trial court erred in failing to consider whether the federal Telephone Consumer Protection Act violates the defendant's right to freedom of s

  • Pitts v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Janet M. Smith-Taylor, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A03A0552

    Evidence that the defendant engaged in a fist fight just outside the front entrance of his high s prior to the beginning of classes supported his conviction for disrupting a public s

  • Mohamud v. Wachovia Corp.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sidney L. Moore Jr., Atlanta, for appellant.
    for defendant: Pankaj K. Shere and Charles B. Marsh Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees.
    Case Number: A03A0261

    A bank had probable cause to have the plaintiff arrested based on his refusal to leave, despite the bank's repeated requests for him to

  • Braham v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, Monica T. Myles, Douglas County Public Defender, and Jeffrey M. Gore Douglas County Public Defender's Office, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A03A0628

    Defendant did not clearly and unambiguously request counsel during his custodial interrogation when he asked whether he could get an attorney qu

  • Lowery v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0218

    The defendant's trial counsel was not deficient in failing to call him to testify in his own defense where the evidence showed that the defendant was well aware of his right to testify, but agreed w

  • State v. Morgan

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, for appellant.
    for defendant: John T. Strauss, Walton County Public Defender, Monroe, and John L. Land Newton County Public Defender's Office, Covington, for appellee.
    Case Number: A03A0237

    The trial court correctly suppressed the marijuana discovered in the defendant's pocket after a pat-down search for weapons following an unlawful traffic

  • In the Interest of N.Q.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John 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 and Laura W. Hyman, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Anne R. Moore, Statesboro.
    Case Number: A02A1822

    The mother's failure to comply with any DFACS case plan and her insistence that DFACS lacked authority to interfere with her r to raise her children supported the termination of her parental r

  • Walls v. Walls

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph E. East, Waycross, for appellant.
    for defendant: Douglas W. Mitchell III, Douglas, for appellee.
    Case Number: A02A2068

    The parties' purported settl agre was unenforceable because the parties did not reach an agre on all of the settl terms and no writings established the agre