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  • Yancey v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Shivers v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles M. Lane, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A02A1582

    The magistrate lacked probable cause to issue a search warrant based on uncorroborated reports from unnamed informants which amounted to no more than mere rumors that defendant was violating drugs

  • Yancey v. State

    Publication Date: 2002-09-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Aukerman v. Witmer

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James L. Paul and Eric C. White Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Gary A. Barnes, Nancy E. Gordon Gambrell & Stolz LLP, Robert D. Feagin Decker & Hallman, Atlanta, and James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, for appellee.
    Case Number: A02A0077; A02A0716

    The plaintiff was not entitled to summary judgment on the defendants counterclaim for breach of fiduciary duty because there was some evidence that plaintiff engaged in unauthorized and unlawful acc

  • Hayes v. State

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Candace K. Slezak, Decatur, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0022

    The defendant strangled the victim, burned her body and dumped it in a

  • Hayes v. State

    Publication Date: 2002-03-08
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael Mears, Multi-County Public Defender, Atlanta, and William R. Oliver, Cornelia, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1818

    The child hearsay statute governs the admissibility of a child's out-of-court hearsay statements, not the child's in-court test

  • Dotson v. State

    Publication Date: 2002-03-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A02A0020

    The defendant failed to demonstrate that he or his attorney were present in court and ready for trial during the first two regular terms of court following the filing of his speedy trial d

  • In the Interest of G. G. & B. A. S.

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher W. Williams and Lynn M. Akeley-Alderman Turner, Willis & Alderman LLP, Gainesville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, Robert E. Hall, Special Assistant Attorney General, Canton, and Catherine H. Hicks Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for appellee.
    Case Number: A01A2409

    Evidence that an 18-month-old child suffered fractures while in the care of his mother, her boyfriend or the boyfriend's sister, combined with the mother's failure to explain how the fractures occur

  • Baker v. State

    Publication Date: 2001-12-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Andrea D. Allen, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1090

    The trial court erred in denying defendant's motion to exclude evidence obtained at a roadblock since the state failed to prove the legality of the roadblock as required under City of Indianapolis v

  • Head v. Ferrell

    Publication Date: 2001-11-02
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Beth A. Burton, Assistant Attorney General, Atlanta, for Head. Daniel Beck, Cambridge, Mass., Mark E. Olive, Tallahassee, Fla., for Ferrell. Amicus appellant: Emmet J. Bondurant Bondurant, Mixson & Elmore, Atlanta.
    for defendant:
    Case Number: S01A0840, S01X0842

    Defendant failed to proved that he was mentally retarded where his IQ tests registered 80 and 76 prior to his eighteenth birthday, his own expert concluded that he had an I.Q. of 87 and he scored a