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  • Ferro v. Boswell

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Fred L. Cavalli, Decatur, for appellant.
    for defendant: John K. Train IV and Earl W. Gunn Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
    Case Number: A99A2435

    Evidence that the plaintiff's post-surgical knee problems may have resulted from her failure to follow her doctor's instructions entitled the doctor to a comparative negligence c

  • Young v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas E. Stewart, McDonough, for appellant.
    for defendant: . Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A2474, A99A2475

    Officer's testimony that cocaine discovered under seat of defendants' car was next to their gun and lack of evidence that anyone else had us car permitt inference that defendants posses

  • Mitchell v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven L. Morgan Steven L. Morgan PC, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A99A2060

    Even though the trial court refrained from qualifying the state's witness as a finger print expert, the detective's years of experience in identifying fingerprints qualified him to give an expert op

  • Merneigh v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jill L. Anderson, Public Defender, Douglasville, and Lee. W. Fitzpatrick, Woodstock, for appellant.
    for defendant: James D. McDade, District Attorney, and James E. Barker, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0145

    The trial court properly allowed a prospective juror who knew one of the state's witnesses to remain on the jury panel since she said that her relationship with that witness would not necessarily ca

  • In the Interest of C.P.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Wanda G. Johnson, Forsyth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Laura W. Hyman, Dennis R. Dunn, Assistant Attorneys General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: C. Robert Melton Haygood, Lynch, Harris & Melton, Forsyth, and Edith J. Gilbert, Savannah.
    Case Number: A99A2144

    Evidence that the father lied about his criminal record in a prior termination hearing, was presently incarcerated and faced revocation of his felony probation supported the juvenile court's finding

  • In the Interest of G.P.

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carlton K. Nelson III, Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, and Judson Green IV, Assistant District Attorney, Dublin, for appellee.
    Case Number: A00A0288

    Circumstantial evidence that the juvenile tried to pawn an identical compact disc player shortly after the burglary was sufficient to support his delinquency adjudication since that evidence was inc

  • Brinson v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Chris E. Ambrose and Douglas K. Silvis Silvis & Ambrose PC, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, and Mark E. Mitchell, Assistant District Attorney, Thomasville, for appellee.
    Case Number: A99A2156

    The was no evidence that the victim's mother, stepfather and a ch tness conspired to prejudice defendant when they testified that he had been in prison, was on probation and had kidnapped the c

  • In the Interest of C.G.B.

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard R. Schlueter, Conyers, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Dennis R. Dunn, Laura W. Hyman, Assistant Attorneys General, and Albert A. Myers III Mumford, Myers & Mooney, Atlanta, for appellee. Other party representation: Jeremy A. Moulton Moulton & Massey, Conyers.
    Case Number: A99A2231

    The trial court presumably disregarded inadmissible hearsay evidence from a DFACS caseworker's notes and the court-appointed special advocate's reports when it determined that termination of the mot

  • Riley v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A2291

    The defendant was entitled to an in camera inspection of the state's entire file to determine whether it contained evidence that one of the state's witnesses was arrested as a suspect in the same ag

  • Sullivan v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel C. Chapman III, Conyers, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant, District Attorney, McDonough, for appellee.
    Case Number: A99A2213

    Although th ndant contended that many people had a motive to rob the victim, the fact that the victim was a drug dealer was not admissible because it did not raise a reasonable inference that t