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  • Humphrey v. State

    Publication Date: 2002-09-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jeremy A. Moulton, Conyers, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Brian K. Ross, Assistant District Attorney, Covington, for appellee.
    Case Number: A02A1587

    The trial court considered inadmissible hearsay evidence in denying defendant's request for first offender trea

  • Blount v. State

    Publication Date: 2002-09-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.
    Case Number: A02A1307

    The officer had probable cause to stop defendant under the totality of the circumstances because he was looking for a suspect who entered a vehicle and defendant was driving a dew-covered truck whic

  • Heard v. State

    Publication Date: 2002-09-20
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas O. Humphries Jr. Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1644

    The trial court did not charge a separate method of committing aggravated assault in defining both methods of committing simple assault—the lesser included of

  • Tackett v. State

    Publication Date: 2002-09-20
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lydia S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A02A0865

    The state failed to establish venue with regard to one out of six counts of aggravated child molest

  • Lyons v. State

    Publication Date: 2002-09-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Melvin E. Hyde Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A02A1743

    The trial court erred in denying defendant's motion to suppress evidence seized under warrant where the warrant did not provide details establishing probable cause to s

  • State v. Serio

    Publication Date: 2002-09-13
    Practice Area:
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    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:
    Industry:
    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
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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:
    Industry:
    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