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  • 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

  • Williams v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paola F. Torselli Office of DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Jeanne M. Canavan, Assistant District Attorney, Decatur, for appellee.
    Case Number: A01A1688

    The trial court's error in admitting the victim's out-of-court statements about a letter recanting her accusations was harmless because the evidence was cumul

  • McCormick v. Harris

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George R. Ellis Jr. Ellis & Easterlin PC, Americus, for appellant.
    for defendant: . Robert K. Raulerson Perry & Walters LLP, Albany, for appellee.
    Case Number: A01A1960

    The Court of Appeals had jurisdiction over a husband and wife's direct appeal of a $1,500 judgment for the wife because the jury awarded the husband zero damages on his loss of consortium

  • Evans v. Fred D. Marshall Jr. d/b/a Parade of Homes

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald S. Iddins, Columbus, for appellant.
    for defendant: . Richard E. Flowers, Columbus, for appellee.
    Case Number: A01A2113

    The trial court erred in finding that defendants were in default based on their failure to respond to plaintiff's amended complaint since a defendant is not required to answer an amended complaint u

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • In the Interest of D.W.A., J.W.A., K.D.A. and H.W.A.

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William H. Newton III, Rome, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Shalen S. Nelson, Assistant Attorney General, Atlanta, for appellee. Other party representation: Holly A. Bradfield, Rome.
    Case Number: A01A2444

    Evidence that the mother failed to support her children, failed to follow through with individual or family therapy, failed to obtain her GED or stable employment and failed to maintain a safe and s