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  • Moore v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: George T. Jackson and Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins, Assistant District Attorney, and Robert C. Harper, Brunswick, for appellee.
    Case Number: A00A1122

    Evidence that defendant willingly accompanied his accomplices when they went "creeping" at the victims' hotels supported his convictions as a party to their c

  • Holloway v. State

    Publication Date: 2000-09-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A1047

    Although defendant claimed that his counsel failed to interview several alibi witness, defendant did not produce the alleged witnesses or show that they would have testified in his

  • Christensen v. State

    Publication Date: 2000-09-08
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank K. Martin The Martin Firm, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and George E. Lipscomb II, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A0517, A00A0518

    The trial court's erroneous charge that the indictment was not evidence of Christensen's innocence was not reversible error in light of the jury charge as a

  • Carter v. State

    Publication Date: 2000-09-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Henry A. Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W.K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1194

    The state did not have to prosecute two indictments against defendant separately since his stabbing the victim and kidnapping her two months later while out on bail showed a common

  • Ryland Group v. Daley

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: F. Carlton King Jr. King & Craft, Atlanta, for appellant.
    for defendant: Richard J. Capriola and Jett Harris Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A00A1656, A00A1657

    The builder's refusal to repair the plain home until they released money held in escrow under the construction contract supported the award of bad faith attorneys' fees to plain

  • Smith v. Persichetti

    Publication Date: 2000-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for appellant.
    for defendant: Nisbet S. Kendrick III and Caroline K. Bell Womble, Carlyle, Sandridge & Rice, Atlanta, for appellees.
    Case Number: A00A0141

    Lessees were entitled to the return of a $125,000 payment to their lessor as the payment was not consideration for an option to purchase the property, but merely a down payment they were entitled to

  • NF Invs. Inc. v. Whitfield

    Publication Date: 2000-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Scott H. Michalove and Peter L. Lublin McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Atlanta, for appellant.
    for defendant: James M. Barnes, Dalton, for appellee. Other party representation: Harry B. White White & Choate, Cartersville.
    Case Number: A00A2077

    Because the trial court's award of damages to the plaintiff was less than $10,000, defendant could not file a direct a

  • Treglown v. K-Mart Corp.

    Publication Date: 2000-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: James S. Strawinski Strawinski & Goldberg LLP and George A. Koenig Dennis, Corry, Porter & Gray, Atlanta, for appellee.
    Case Number: A00A0723

    The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical inj

  • Alta Anesthesia Assocs. of Ga. PC v. Gibbons

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge Bouhan, Williams & Levy, Savannah, Robert W. Webb Jr., James A. Lamberth and David B. Foshee Troutman & Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, and John J. Ossick Jr., Kingsland, for appellee. Other party representation: Wallace E. Harrell Gilbert, Harrell, Gilbert, Sumerford & Martin, Brunswick.
    Case Number: A00A0238

    Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gi

  • Montero v. State

    Publication Date: 2000-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James G. Blanchard Jr. Fleming, Blanchard, Jackson & Durham and Paul W. David, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0681

    The officer's detaining defendant without probable cause tainted the subsequent search and seizure of a sealed box of marijuana in the truck o defendant'