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  • Stacey v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynn Jr., District Attorney, Covington, for appellee.
    Case Number: A02A1078

    Jeopardy does not attach for Sixth Amendment waiver purposes until a defendant has pled and a jury has been impaneled and

  • Simmons v. Mableton Fin. Co.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Andrew H. Agatston Ezor & Olens PC, Atlanta, for appellant.
    for defendant: David G. Crockett, Atlanta, for appellees.
    Case Number: A01A1874

    Evidence that one defendant provided false and incomplete information to the investigating detective raised a jury issue as to whether defendants lacked probable cause to instigate a criminal prosec

  • Bowling v. Foster

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Neal H. Howard, William D. James, Debra S. Robinson Neal H. Howard & Assocs. PC, and Joann Brown-Williams, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mary K. Greene and Michael A. Strickland Carlock, Copeland, Semler & Stair, Atlanta, for appellees.
    Case Number: A01A2094

    Plaintiff's written consent to surgery negated her battery

  • In the Interest of T. N.

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Mary E. Evans-Battle, Assistant District Attorney, McDonough, for appellee.
    Case Number: A02A0636

    The egregious nature of the juvenile's sexual offense supported the juvenile court's order placing him in restrictive cu

  • Woods v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcus C. Chamblee Center for Prisoner's Legal Assistance, Alpharetta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A2355

    Defendant presented no evidence that his counsel misrepresented how much of his sentence he would have to

  • Buchanan v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert R. McNeill, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and John S. Melvin, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A2435

    There was no evidence that the ant possessed or controlled the unoccupied stolen vehicle officers found parked and with the engine running in the parking lot of a fast food restaurant that the

  • Baiye v. Gober

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patricia K. Buonodono, Kennesaw, for appellant.
    for defendant: . John A. Roberts The Roberts Law Firm, Atlanta, for appellee.
    Case Number: A02A0866

    A jury question remained as to whether p ff served defendants with his request for admissions since the return of service did not indicate service of anything other than the summons and comp

  • HCP III Woodstock Inc. v. Healthcare Servs. Group Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Harold M. Bagley and Karen K. Karabinos Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Charles R. Beans Hawkins & Parnell, Burke B. Johnson Carter & Ansley, Mark T. Dietrichs and Erik S. Rodriguez Swift, Currie, McGhee & Hiers, McGhee & Hiers, Atlanta, for appellees.
    Case Number: A01A2308

    Employee's statement that dryer that allegedly caused fire at nursing home was defective was not admissible under O.C.G.A. § 24-3-31 to establish a jury issue concerning defendant's knowledge of the

  • Georgia Dep't of Pub. Safety v. Robinette

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Christopher S. Brasher, Senior Assistant Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Monte K. Davis, Atlanta, for appellee.
    Case Number: A01A2030

    O.C.G.A. § 40-5-67.1 g 2 F requires a showing that chemical testing was properly administered to support the administrative suspension of a driver's license for suspecte

  • Mimms v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George A. Stein Law Offices of George A. Stein, and Monte K. Davis, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1988

    Defendant's counsel waived a hearing on defendant's motion for new trial by failing to appear at the scheduled hearing which had been reschedule eight times over a 1-year period, partly due to defen