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  • State v. Serio

    Publication Date: 2002-09-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Gary S. Vey and Jonathan D. Aurelia, Assistant Solicitors, for appellant.
    for defendant: Monte K. Davis, Atlanta, for appellee.
    Case Number: A02A1460

    The state's appeal was proper under O.C.G.A. § 5-7-1 a 1 since the order transferring defendant's DUI case back to recorder's court effectively dismissed her state court accus

  • Richards v. State

    Publication Date: 2002-09-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A1128

    Defendant's violation of O.C.G.A. § 40-6-240, by backing up 50 feet, justified the traffic stop which led to his DUI a

  • In the Interest of J. R. H.

    Publication Date: 2002-09-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard M. Darden and Jennifer R. Burns Darden, Burns & Burns LLP, Savannah, 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: Leo G. Beckmann Jr. Beckman & Lewis LLP, Savannah.
    Case Number: A02A1229

    The incarcerated father's failure to bond with his child or provide for her support and care supported the termination of his parental r

  • Freeman v. State

    Publication Date: 2002-09-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A02A1226

    Defendant pulled out a gun, told the victim he had three seconds to leave, fired one shot into the air and then pointed the gun at the victim and shot him in the

  • Carlisle v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0872

    After defendant withdrew her bargained-for guilty the state could try her on charges that were nolle prossed as part of that

  • In the Interest of H. H.

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sherry H. Campbell, Warner Robins, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, Walter G. Sammons Jr. and T. Rabb Wilkerson III, Warner Robins, for appellee.
    Case Number: A02A1612

    The parents' squalid living conditions posed a serious health risk to their children and supported the termination of their parental r

  • State v. Johnson

    Publication Date: 2002-09-06
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald N. Blaney Sr., Solicitor, and Gary S. Vey. Assistant Solicitor, Lawrenceville, for appellant.
    for defendant: Richard T. Ryczek Jr., and Wystan B. Getz Clark & Towne PC, Lawrenceville, for appellee.
    Case Number: A02A1109

    The solicitor had authority to request that defendant's DUI charges be tried in state court, regardless of whether defendant elected to have the charges treated as state off

  • Frank v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David A. Fox Thompson, Fox, Joliff, Chandler & Homans, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Lisa A. Jones, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A02A1244

    O.C.G.A. § 40-6-391.2 expressly provided for forfeiture of defendant's car following her son's arrest as a habitual violator while driving th

  • In the Interest of C. R.

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Donald R. Foster, Kasey G. Wyatt Foster & Foster, and Teresa O. Weiner, Jonesboro, for appellee. Other party representation: Evan J. Black, Jonesboro.
    Case Number: A02A1067

    The right to lodge religious objections to a child's immunizations is not a residual parental right under O.C.G.A. § 15-

  • State v. Wilson

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, and Marcy H. Gonzalez, Assistant District Attorney, Monroe, for appellant.
    for defendant: David J. Farnham, Social Circle, for appellee.
    Case Number: A02A1600

    Defendant made his involuntary custodial statements without the benefit of his Miranda rights after the officers told him he did not need an att