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  • Humphrey v. Lewis

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Paul E. Greenwalt III, Ann H. MacDonald and Heidi Oertle Schiff Hardin LLP, Chicago, Ill., for appellee.
    Case Number: S12A0154

    The defendant was not entitled to habeas relief because he could not show that withheld evidence had a reasonable probability of affecting the outcome of his

  • In the Interest of S. D.

    Publication Date: 2012-06-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Carol Riley Office of Child Advocates, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Diana Johnson, Atlanta, and LaMia Saxby, Stone Mountain, for appellee.
    Case Number: A12A0245

    The juvenile court erred in finding that a newborn child was deprived based on the fact that his 16-year-old mother was in DFACS cu

  • Twiggs v. State

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Amanda R. Flora Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant, Assistant District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A11A1544

    Trial counsel was not ineffective in failing to challenge the FBI forensic computer examiner's search of the defendant's computer, as no basis existed under O.C.G.A. § 17-5-24 for suppressing the se

  • Phan v. State

    Publication Date: 2012-03-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer S. Hanson, Bruce S. Harvey, K. Julie Hojnacki, Kimberly H. Cornwell Law Offices of Bruce S. Harvey, Atlanta, and Christopher W. Adams, Charleston, S.C., for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S11A1909

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the more-than 4-year delay in brining the capital murder defendant to trial was insufficient to es

  • State v. Sauls

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Brian K. Fortner, Solicitor General, and Sherrill Britt, Douglasville, for appellant.
    for defendant: Allen M. Trapp Jr., Carrollton, for appellee.
    Case Number: A11A1859

    Due process does not require an arre officer to inform the driver of all the consequences of refusing to submit to chemical te

  • Dendy v. Wells

    Publication Date: 2011-11-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sherard K. Dixon The Dixon Firm PC and Glenn A. Loewenthal, Atlanta, for appellant. Jonathan C. Peters and Sharon L. Neal Peters & Monyak LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1046

    The expert's testimony on direct examination about whether his personal practices mirrored that of the defendant doctor, and comported with the previously-established standard of care, did not viol

  • Ford v. State

    Publication Date: 2011-11-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joe N. Ford, Jackson, proceeded pro se. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A1391

    The defendant had a right to counsel in a proceeding to withdraw his guilty

  • In the Interest of A. B., a child

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Darice M. Good, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Special Assistant Attorney General, Milledgeville, for appellee. Other party representation: Blanton C. Lingold, Milledgeville.
    Case Number: A11A1281

    The evidence authorized the juvenile court to find that the mother voluntarily and knowingly consented to the termination of her r

  • Koldewey v. State

    Publication Date: 2011-07-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert L. Crowe, Brunswick, for appellant.
    for defendant: Jacquelyn L. Johnson, District Attorney, and David A. Peterson District Attorney's Office, Brunswick, for appellee.
    Case Number: A11A0190

    The purpose of defendant's threats against a was for diagnosis and treatment at a mental health facility and not for the purpose of terrorizing the

  • Spann v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, Evelyn Proctor, Assistant Solicitor General, Douglasville, and Deah B. Warren C. F. Brock & Assocs. LLC, Austell, for appellee.
    Case Number: A11A0595

    The Court remanded the case for reconsideration in light of the recent decision in Davenport v. State, S10G1355 06/20/11 11 FCDR 1816 07/