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  • In the Interest of K. R. S. & K. C. H.

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kathryn A. Hall, Rebecca R. Crowley, Waycross, Phyllis J. Holmen, Lisa J. Krisher and Vicky O. Kimbrell, Atlanta, for appellant.
    for defendant: Other party representation: John B. Brewer III, Hazlehurst, and Franklin D. McCrae, Alma.
    Case Number: A02A0617

    The juvenile court lacked jurisdiction to decide the maternal grandparents' deprivation petition since allegations raised therein pertained to the circumstances existing prior to the mother's death

  • Harrell v. State

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Dennis C. O'Brien and David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A1939

    Lay opinion testimony that the damage to the victim's truck exceeded $500 supported defendant's conviction for criminal damage to property in the second d

  • Yargus v. Smith

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter L. Lublin, Monica K. Gilroy and Carol V. Clark McCalla, Raymer, Padrick, Cobb, Nichols & Clark LLC, Roswell, for appellant.
    for defendant: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, John C. Pennington and Ernest M. Moran, Atlanta, for appellees.
    Case Number: A02A0745

    A real estate purchase contract allowed the buyers to unilaterally extend the closing date to allow for the repair of defects uncovered by a home inspe

  • In the Interest of J. P. and R. M.

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael R. McCarthy, Dalton, 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, Assistant Attorney General, Atlanta, and Richard K. Murray, Dalton, for appellee. Other party representation: James M. Barnes, Bruce A. Kling and G. Gargandi Vaughn, Dalton.
    Case Number: A01A1639; A01A1640

    Evidence that the mother and father spanked their children on videotape supported a finding that the children were dep

  • Linkous v. State

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Thomas E. Griner, Assistant Solicitor, Marietta, for appellee.
    Case Number: A01A1638

    Defense counsel waived defendant's speedy trial demand by failing to appear for the scheduled trial after being contacted by the trial

  • In the Interest of M. E. A.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donald E. Smith, Stone Mountain, for appellant.
    for defendant: Gregory K. Schwarz, Solicitor, and Lori B. Duff DeKalb County Juvenile Court, Decatur, for appellee.
    Case Number: A01A1702

    An accomplice identified the juvenile defendant as the masked robber who wielded a large knife during the armed robbery of a pizza deliver

  • Taylor v. State

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A2012

    An officer's testimony concerning de t's exercise of his right to remain silent was not prejudicial since it was inadvertent, part of a narrative of events and not an intentional reference to d

  • Cupe v. State

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Louis J. Kirby, Solicitor General, LaGrange, for appellee.
    Case Number: A01A2047

    A developmentally disabled child victim was competent and available to testify the Child Hearsay Statute where testimony established that she was able to communicate, reason and think, that sh

  • Tucker v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A2055

    Defendant was not entitled to a charge on involuntary misdemeanor manslaughter because there was no evidence that defendant's actions in violently shaking her 5-month-old child were l

  • Cherokee County v. Martin

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore Freeman, Dana K. Maine Feeman, Mathis & Gray, Atlanta, and John D. Thalhimer, Staff Attorney, Marietta, for appellant.
    for defendant: . James S. Teague Brockman & Teague LLC, Cumming, and Joel L. Larkin Sams & Larkin, Marietta, for appellee.
    Case Number: A01A0265

    The county's failure to make the zoning of plaintiff's property expressly conditional on co ce with his plan to build an assisted living facility prevented the county from insisting on strict c