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  • State v. Johnson

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    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:
    Industry:
    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

  • Morris v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas L. Cole Cole & Fleming PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A1517

    Defendant's contention that the state failed to make a prima facie showing of racial discrimination became moot when he proffered his purportedly race-neutral reasons for striking a challenged

  • In the Interest of R. N. R., R. E. R., M. R. & C. C. II

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, 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 Donald R. Foster Foster & Foster PC, Jonesboro, for appellee.
    Case Number: A02A1196

    Evidence that two of the mother's children —twin 2-year-old boys—weighed only 13 pounds when DFACS placed them in foster care and were unable to talk or crawl supported the juvenile court's order au

  • Bianco v. State

    Publication Date: 2002-09-06
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: . Philip C. Smith, District Attorney, and Rand J. Csehy, Assistant District Attorney, Cumming, for appellee.
    Case Number: A02A1134

    The officer was entitled to seize the baggy of methamphetamine in defendant's pocket under the plain feel doc

  • McNeil v. State

    Publication Date: 2002-09-06
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1463

    A correctional facility identification card found in defendant's purse when she was arrested was admissible to prove that she gave the arresting officer a false

  • Clemons v. State

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel B. Kane, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, and Benjamin M. First, Special Assistant District Attorney, Decatur, for appellee.
    Case Number: A02A1298

    Under the totality of the circumstances, the trial court did not reversibly err in denying defendant's motion to suppress evidence obtained during a warrant search of his house, even though the dete

  • Walker v. State

    Publication Date: 2002-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jackie G. Patterson and Yasma M. Patterson Patterson & Patterson, LaGrange, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A1247

    Defendant's uniform traffic citation was not a valid charging instrument for the offense of giving false information to a police of