Filter This View

  • Braswell v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey A. Rothman Daniels & Rothman PC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A06A1296

    The administering officer's testimony provided sufficient grounds for admission of the Intoxilyzer 5000 test results, regardless of the admissibility of the inspection certifi

  • Rite-Aid Corp. v. Davis

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John C. Bruffey Jr. and Christi L. Hodges Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for appellee. Other party representation: Lee Southwell State Board of Workers' Compensation, Atlanta.
    Case Number: A06A0682

    The plaintiff was entitled to compensation for a catastrophic injury under O.C.G.A. § 34-9-200.1 g 6, as it existed when she was injured in May 1996, because there was evidence that she could not pe

  • Banks v. City of Hampton

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellant.
    for defendant: James R. Westbury Jr. Mullins, Whalen & Westbury, Griffin, Stephanie K. Jones, Rex, and Steven M. Fincher Fincher & Hecht LLC, Jonesboro, for appellees.
    Case Number: A06A0159

    A party's financial interest in a case cannot be dispositive of whether he or she is a "nominal party" for venue purposes and venue and jurisdiction are not conferred based on the party with the gre

  • Johnson v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mario S. Ninfo Ninfo & Ross PA, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A06A0008

    The trial court erred in sentencing the defendant to serve a life sentence without parole on his convictions for rape, aggravated sodomy, aggravated assault, burglary and false imprisonment, since t

  • Phillips v. State

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A06A0376

    The trial court properly admitted pictures of the defe s damaged vehicle, which officers found in plain sight in the back of his home while investigating the victim's report that he saw the def

  • Bowden v. State

    Publication Date: 2006-05-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A06A1077

    The trial court d abuse its discretion in denying the defendant's motion for a mistrial after the informant testified that he knew the defendant from prior deals with him, since the statement

  • Glidewell v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Milledgeville, and Gregory L. Bushway, Assistant District Attorney, Gray, for appellee.
    Case Number: A06A0227

    Some slight evidence authorized the jury to conclude that the defendant acted from a sudden, violent and irresistible passion resulting from serious provocation when he killed his estranged wife aft

  • Stinson v. State

    Publication Date: 2006-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jason R. Clark, Conflict Defender, Hinesville, and Grayson P. Lane Public Defender's Office, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Leslie K. DeVooght, Assistant District Attorney, and David A. Peterson District Attorney's Office, Brunswick, for appellee. Other party representation: James C. Bonner Jr. Georgia Indigent Defense Counsel and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta.
    Case Number: A06A0274

    Defendants who elect to plead guilty and undergo alternative treatment in a Drug Court p are not entitled to a credit for time spent in treatment, if they are subsequently terminated from the

  • Hambrick v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Drew Findling, Cris E. Schneider The Findling Law Firm, and Elizabeth G. Rankin, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1596

    The victim told multiple healthcare professionals, a rape counselor and her mother that the defendant beat and raped her prior to recanting her story at

  • State v. K. L. M.

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, and Vanessa C. Webber, Assistant District Attorney, Monroe, for appellant.
    for defendant: Gina M. Grady Public Defender's Office, Monroe, for appellee.
    Case Number: A06A0296

    Schoolhouse searches by public primary or secondary school officials will pass constitutional muster, only if the searches are conducted "entirely without the participation of law enforcement offi