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  • Hamby v. State

    Publication Date: 2002-08-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David A. LaMalva and Paul J. Oeland IV, Conyers, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1596

    Defendant's speeding conviction did not merge with his vehicular homicide conviction which was based on the separate underlying offense of failure to exercise due care for pedestrians in the r

  • Horner v. State

    Publication Date: 2002-08-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John T. Strauss, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Alan A. Cook, Special Assistant District Attorney, Covington, for appellee.
    Case Number: A02A1077

    Defendant's booking photograph was admissible to show how he appeared at the time of the crime in que

  • Helmer v. State

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jackie G. Patterson, LaGrange, for appellant.
    for defendant: Louis K. Kirby, Solicitor General, and Julianne W. Holliday, Assistant Solicitor, LaGrange, for appellee.
    Case Number: A02A1583

    The state failed to show that defendant knowingly and voluntarily waived her right to counsel and her right to a jury

  • In the Interest of J.M.

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, 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, Atlanta, and Melanie Barbee-Cross Simpson & Cross, Tifton, for appellee.
    Case Number: A02A1450

    The juvenile court erred in extending DFACS' temporary custody of children where there was no evidence that any reasons for their initial removal from their mother's home existed at the time

  • Wilson v. State

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy J. Crouch, Rome, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, Fred R. Simpson, Acting District Attorney, and Martha P. Jacobs, Assistant District Attorney, Rome, for appellee.
    Case Number: A02A1325

    Evidence, other than defendant's mere presence and equal access to drugs found behind his house, supported his convic

  • Cage v. State

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Lalaine A. Briones, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1525

    Evidence that defendant threw a 9-year-old boy against a wall in front of the victims supported his convictions for second degree child cr

  • Department of Transp. v. Dupree

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, and Robert C. Edwards, Assistant Attorney General, Atlanta, for appellant.
    for defendant: William D. deGolian, William C. Lanham and Clark H. McGehee Johnson & Ward, Atlanta, for appellees.
    Case Number: A02A1573

    The plaintiffs raised the issue of engineering malpractice when they claimed that the DOT's failure to include traffic control devices at a fatal intersection violated generally accepted engineering

  • Kerr-McGhee Corp. f/k/a Kemira Inc. v. Georgia Cas. & Surety Co.

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Ryburn C. Ratterree Ellis, Painter, Ratterree & Bart, Savannah, Paul J. Murphy and Michael R. Powers King & Spalding, Atlanta, for appellant.
    for defendant: . DeeAnn B. Waller Chambers, Mabry, McClelland & Brooks, Atlanta, for appellee. Other party representation: James P. Gerard Oliver, Maner & Gray, Savannah.
    Case Number: A02A0302

    A reasonable insured could believe that a total pollution exclusion endorsement did not apply where the chemical that caused the underlying plaintiff's injury was an industrial chemical whose uninte

  • Hildreth v. State

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Philip L. Ruppert, Stockbridge, for appellant.
    for defendant: Richard R. Read, District Attorney, Kirk M. Thomas and Roberta A. Earnhardt, Assistant District Attorneys, Conyers, for appellee.
    Case Number: A02A1270

    Defendant's convictions for felony interference with government property and felony obstruction did not merge as a matter of fact since defendant hit a deputy's patrol car three times and each strik

  • Georgia Dep't of Corrections v. Barkwell

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Senior Assistant Attorney General, John B. Ballard Jr., Assistant Attorney General, K. Prabhaker Reddy and Donahue S. Silvis Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Robert C. Harrison Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A02A1355

    The Department of Corrections can sue for reimbursement of state funds used to treat inmates injured in an automobile coll