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  • In the Interest of A. M. W.

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Josephine E. Graddy and Berrien L. Sutton Sutton & Associates, Homerville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Shalen S. Nelson, Assistant Attorney General, Atlanta, F. Shea Browning Helms & Helms PC, Charles R. Reddick and Clayton A. Tomlinson, Homerville, for appellee. Other party representation: Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Laura W. Hyman, Assistant Attorney General, and John C. Shelton, Atlanta.
    Case Number: A01A0195

    Evidence that mother was unemployed, was prohibited from unsupervised contact due to her sentence for cruelty to children and refused to admit wrong in failing to intervene when her husband sexually

  • In the Interest of C.C.

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Elena M. Mushkin and Eric G. Kocher Georgia Law Center for the Homeless, 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, Sanders B. Deen, Assistant Attorneys General, and Robert J. Grayson Edwards, Friedewald & Grayson, Marietta, for appellee. Other party representation: Catherine C. Vandenberg Cobb County Legal Aid, Marietta.
    Case Number: A01A0349

    DFACS did not prove deprivation where evidence showed that mother sought treatment for her mental illness and ensured that her child received proper care in the in

  • Alvarado v. State

    Publication Date: 2001-04-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    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: A01A0741

    The trial court did not improperly enhance defendant's sentence by sentencing him for aggravated child molestation for the first time and converting his sentence from a concurrent sentence to a cons

  • Taylor v. State

    Publication Date: 2001-04-20
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lloyd J. Matthews, Hampton, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A0285

    Defendant was not entitled to withdraw his guilty plea to statutory rape after he waived reading of the indictment, said he understood the understood the charge, informed the trial court that he wa

  • State v. Gibbons

    Publication Date: 2001-04-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Campbell, District Attorney, and Donald S. Smith, Assistant District Attorney, Cartersville, for appellant.
    for defendant: Jay Choate, Cartersville, for appellee. Other party representation: Rex B. Abernathy and Bobby L. Cook Cook & Connelly, Summerville.
    Case Number: A00A1885

    Defendants were not free to go following a traffic stop for a seatbelt violation because the officer held the driver's license while he questioned

  • Golden Peanut Co. v. Bass

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jay D. Bennett, Candace N. Smith and Paul J. Kaplan Alston & Bird, Emmet J. Bondurant and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Benjamin F. Easterlin IV, Griffin B. Bell, Michael C. Russ and John P Brumbaugh King & Spalding, for appellee. Other party representation: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, Evans J. Plowden Jr. and Dawn G. Benson Watson, Spence, Lowe & Chambless, Albany.
    Case Number: A00A2362

    Evidence that a disputed payment was conditional on its acceptance as payment in full required the trial court to comply with a written request to issue part B of the pattern charge on accord and sa

  • Aliabadi v. McCar Dev. Corp.

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stanley M. Lefco Lefco & Blumenthal, and Arthur F. Millard, Atlanta, for appellant.
    for defendant: . Ann R. Schildhammer and Claudia Anders Morris, Manning & Martin LLP, Atlanta, for appellee. Other party representation: Dana B. Miles Miles & Reese LLC, Atlanta.
    Case Number: A01A0410

    The improvements plaintiffs made to their house while they were repairing damage from a tornado were inconsistent with an intention to repudiate their sales con

  • Berry v. State

    Publication Date: 2001-04-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James S. Purvis Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Sara D. Kentner, Assistant District Attorney, Conyers, and Heather C. Waters, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A00A1912

    Watson v. State, 190 Ga. App. 696 379 Se2d 817 1989 is overruled to the extent that it authorizes a traffic stop based on the possibility that a dealer's drive-out tag might be implicated in a car

  • In the Interest of D.T.C.

    Publication Date: 2001-04-20
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: B. Samuel Engram Jr., Albany 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 Paula K. Hanington, Albany, for appellee.
    Case Number: A01A0036

    Evidence that the putative father took his child to a drug-infested area during his weekly visitations supported the termination of his parental r

  • Johnson v. Riverdale Anesthesia Assocs. PC

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gary Hill Hill and Bleiberg, Atlanta, and Larry K. Evans Evans & Evans, Griffin, for appellant.
    for defendant: . H. Andrew Owen Jr. Harman, Owen, Saunders & Sweeney PC, Atlanta, for appellees.
    Case Number: A00A2110

    The trial court properly excluded plaintiffs' irrelevant questions regarding what a defense expert would personally have done under the circumstances since the applicable standard of care is one emp