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  • Hernandez v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A10A0399

    Testimony that one has consumed alcohol does not place one's character in

  • Presley v. State

    Publication Date: 2010-06-11
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn and Gerald Mason, Assistant District Attorneys, Decatur, for appellee.
    Case Number: S08G1152

    Trial courts are required to consider alternatives to courtroom closure, even if no alternatives are pres

  • Leverette v. State

    Publication Date: 2010-05-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0925

    Any alleged error in the trial court's charge that slight movement is sufficient to prove asport did not require reversal, given the overwhelming and undisputed evidence of asport

  • Preval v. State

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant and Thomas L. Williams, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A2384

    The state used the same 17.54 pounds of seized marijuana to prove that Preval both possessed a trafficking weight of marijuana and manufactur

  • Walsh v. State

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher T. Polillo, Public Defender, placeCityMonroe, for appellant.
    for defendant: Eric C. Crawford, District Attorney, Monroe, and William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A09A2231

    The trial court abused its discretion in denying the defendant's motion for an out-of-time without holding an evidentiary hearing to determine who was responsible for failing to file a timely

  • Krachman v. Ridgeview Institute Inc.

    Publication Date: 2009-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gary P. Bunch, Carrollton, for appellant.
    for defendant: Wade K. Copeland Carlock, Copeland, Semler & Stair, and Brenda R. Insley Insley & Race LLC, Atlanta, for appellee.
    Case Number: A09A1108

    The defendant mental health facility was not entitled to immunity under O.C.G.A. § 37-3-4 for the plaintiff's claim of involuntary detention, since that statute extends immunity only to designated i

  • Bynum v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David A. Sirna Krevolin & Horst LLC, Atlanta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and William J. Hunter, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A1623

    The evidence was sufficient to support the defendant's child molestation conviction for acts committed against his 15-year-old dau

  • State v. Porter

    Publication Date: 2009-10-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Jimmonique R. Rodgers Georgia Public Defender Standards Council and Janet W. Hankins, Atlanta, for appellee.
    Case Number: A09A1508

    The 8-year delay between the defendant's initial arrest and his initial trial date was presumptively prejud

  • Artis v. State

    Publication Date: 2009-08-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David S. West West & Corvelli, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming,, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A1377

    The firearms discovered in a vehicle in which the defendant was a passenger was admissible as part of the res g

  • Cook v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2070

    The defendant had the right to represent himself on appeal if he adequately waived his right to counsel and elected to exercise his constitutional right to