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  • Shaw v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: H. Skelton Jr., Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Rose L. Wing and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A1861

    The victim's statement that defendant grabbed her by the throat and shoved her against a wall, coupled with the officer's observation of red marks on her neck, provided probable cause to arrest defe

  • Green v. Proffitt

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher L. Casey J. Hue Henry PC, Athens, and Benjamin F. Easterlin IV King & Spaulding, Atlanta, for appellant.
    for defendant: William K. McGowan and James B. Franklin Franklin, Taulbee, Rushing, Bunce & Brogden, Statesboro, for appellees.
    Case Number: A00A2527

    The jury's award of $200,000 for the defendant's breach of a management contract was within the range of evidence based on the testimony of plaintiffs' ex

  • Rocha v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Timothy B. Lumpkin and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A2410

    Prospective jurors in a sex crime trial who describe a prior sexual abuse life experience are not subject to automatic removal for

  • Smith v. Gwinnett County

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gresham H. Harrison and Samuel H. Harrison Harrison & Harrison, Lawrenceville, for appellant.
    for defendant: . Karen G. Thomas, Deputy County Attorney, Rosanna M. Szabo, Assistant Solicitor, Kristina H. Blum and Melinda K. Wells Gwinnett County Dep't of Law, Lawrenceville, for appellee.
    Case Number: A00A2498

    The state lacked jurisdiction to consider defendants' petition for writ of certiorari from their convictions in the recorder's

  • Hamilton v. Kentucky Fried Chicken of Valdosta Inc.

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark G. Pitts and John H. Beauchamp Beauchamp & Assocs., Albany, for appellant.
    for defendant: William C. Sanders Alexander & Vann, Thomasville, for appellee.
    Case Number: A00A2057

    Premises owner's failure to turn on its parking lot lights raised a jury issue as to whether plaintiff failed to exercise ordinary care when she tripped and fell over a raised curb in the dark, even

  • Dickerson v. Dickerson

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth L. Shigley, Atlanta, for appellant.
    for defendant: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellee.
    Case Number: A00A1992

    A prior judicial determination that petitioner was not decedent's common-law wife, precluded her from raising their alleged common-law marriage in her petition to set aside the appointment of decede

  • Lewis v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel C. Chapman III Chapman & Pope, Conyers, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra A. Graves, Assistant District Attorney, McDonough, for appellee.
    Case Number: A00A1866

    Defendant was not entitled to a charge on misdemeanor theft by shoplifting because the evidence showed that she committed either felony shoplifting or no of

  • Edwards v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Christopher S. Warren, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards, Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A01A0211

    The trial court's slip of the tongue in charging the jury on voluntary manslaughter did not render its charge as a whole im

  • In re Sellers

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Agrippa K. Long III, Atlanta, for appellant.
    for defendant: Mark N. Stephen The Law Complex, Decatur, for appellee.
    Case Number: A00A1894

    The probate court had authority to approve the creation of a trust for the benefit of an incapacitated woman after the court authorized her guardian to settle her personal injury

  • Spoon v. Johnson

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James B. Sullivan, Decatur, for appellant.
    for defendant: Blair K. Cleveland and Richard A. Epps Jr. Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A01A0174

    Because the plaintiff failed to list his tort claim on his schedule of assets in his Chapter 13 bankruptcy petition, he was precluded from pursuing that claim against the defe