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  • Williams v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Charles D. Strickland, Lavonia, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A00A2376

    Because the evidence showed that defendant was in actual possession of the cocaine buried in his backyard, he could not claim harmful error arising out of the superior court's charge indicating that

  • In the Interest of M.H.

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ann N. Garner, Stone Mountain, for appellant.
    for defendant: Jonath A. Morrow, Solicitor, and Jimmy L. Tarver, Assistant Solicitor, Decatur, for appellee.
    Case Number: A00A2023

    The juvenile lacked standing to challenge the search of someone else's hotel

  • Tkacik v. Chriss

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Burdges, Atlanta, for appellant.
    for defendant: Karen G. Thomas, Deputy County Attorney, Kristina H. Blum and Melinda K. Wells Gwinnett County Dep't of Law, Lawrenceville, for appellees.
    Case Number: A00A2269

    The officer was immune from liability for failing to yield the right-of-way while responding to an emergency call because he activated his blue lights before he entered the intersection in que

  • Allen v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0920

    Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay

  • Evans v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel K. Franck, Public Defender's Office, Perry, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, Warner Robins, for appellee.
    Case Number: A01A0094

    The trial court properly charged the jury that it was authorized to find defendant guilty if it found that she committed the offense on or about the day charged in the indictment because the exact

  • Warren v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ronald Warren, Trion, proceeded pro se. Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A00A2513

    The trial court properly refused to modify the defendant's sentence to give him credit for time served prior to his trial because defendant should have addressed that issue to his pre-sentence custo

  • Williams v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Daniel MacDougald III, Larry K. Butler Butler & MacDougald PC, David A. Webster, Atlanta, and Richard M. Goodman, Detroit, Mich., for appellant.
    for defendant: Walter B. McClelland Chambers, Mabry, McClelland & Brooks, Robert J. Routman MARTA Law Dep't, Atlanta, C. Wade McGuffey Jr. and Jennie R. Halenza Goodman McGuffey Austin & Lindsey LLP, Atlanta, for appellee. Other party representation: W. Seaborn Jones and Roger K. Whitesides Gleaton Scofield Egan & Jones, Atlanta.
    Case Number: A00A2044

    The Georgia Employer's Liability Act does not apply to the Metropolitan Atlanta Rapid Transit Authority, even though MARTA is a common ca

  • City of Atlanta v. Arnold

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Susan P. Langford and Bruce P. Johnson City of Atlanta Dep't of Law, Atlanta, for appellant.
    for defendant: Todd K. Maziar, Atlanta, for appellee.
    Case Number: A00A1056

    An injured police officer who quit work to receive a disability pension could not show that he was entitled to a resumption of temporary disability benefits based on a change in condition because he

  • Anthem Casualty Ins. Co. v. Murray

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel C. Hoffman Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Neal L. Conner Jr. Kopp & Conner PC, Waycross, Blanche R. Miller Hawkins & Parnell, Atlanta, and Joan P. Shaker Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A00A1501, A00A2304

    Given the conflicting evidence as to whether the employee was fully compensated for his catastrophic on-the-job injuries, the worker's compensation insurer was not entitled to summary judgment on it

  • Ellerbee v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Jamie K. Inagawa, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A00A1849

    The state's failure to comply with the notice requirements for admissibility of simi ansaction evidence as set forth in USCR 31.1 was harmless because the defendant had actual notice of the sim