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  • Widner v. State

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S06A0443; S06A1547

    Burchette v. State, 278 Ga. 1 2004, disapproving Allen charges such as the one give in this case, postdated defendant's trial and was not retroa

  • State v. Johnson

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Garry T. Moss, District Attorney, and Scott T. Poole, Assistant District Attorney, Canton, for appellant.
    for defendant: Stacy D. Barnett, Canton, for appellee.
    Case Number: S05G1928

    The trial court was not required to charge the jury on equal access to the 12 grams of cocaine officers found in the defendant's vehicle, since the jury was never instructed on any presumption of po

  • Estes v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Public Defender Standards Council, Atlanta, and Christopher R. Reeves, Dallas, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Allen R. Knox, Assistant District Attorney, Dallas, for appellee.
    Case Number: A06A0495

    The defendant could not complain that the trial court admitted similar transaction evidence, which the defendant elicited from a witness he c

  • Malice v. Coloplast Corp.

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen I. Hirsch and Debra M. Buster Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellee.
    Case Number: A05A1983

    The arbitrator did not manifestly disregard the law in determining that the non-compete and non-solicit covenants in the defendant's executive employment agreement were reasonable and enforc

  • McDilda v. Norman W. Fries Inc.

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joseph D. McGovern Dubberly & McGovern, Glennville, for appellant.
    for defendant: William E. Callaway Jr. and William J. Neville Jr. Callaway, Neville & Brinson, Claxton, for appellee.
    Case Number: A05A2086

    The undisputed evidence showed that the boundary line between plaintiff and defendant's property was marked in white paint with the knowledge and consent of the adjoining owners for 30 years before

  • Freeman v. Wheeler

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry B. Hatcher, Alpharetta, for appellant.
    for defendant: Thomas E. Greer Tisinger, Tisinger, Vance & Greer PC, Carrollton, for appellees. Other party representation: Deborah S. Moses and Brittany L. Tuggle Hall, Booth, Smith & Slover PC, Atlanta.
    Case Number: A05A1632

    The trial court properly granted summary judgment to the defendants on the plaintiff's claim for damages to his "peace, happiness and feelings," since there was no evidence that the defendants' acti

  • Chatman v. Mancill

    Publication Date: 2006-02-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Stephen D. Pereira Thompson & Sweeny PC, Lawrenceville, for appellee.
    Case Number: S05A1862

    The rationale behind the opinion in Ryan v. Thomas, 261 Ga. 661 1991-that one member of the public defender's office could not reasonably be expected to assert or argue the ineffective assistance of

  • Ladzinske v. Allen

    Publication Date: 2006-01-27
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: J. M. Raffaur, Decatur, for appellant.
    for defendant: Scott W. Peters, Nathan M. Wheat, David H. Flint Schreeder, Wheeler & Flint LLP, Atlanta, Eugene C. Reed Jr., William J. Linkous III and Viviane H. Ernstes DeKalb County Law Dept., Decatur, for appellees.
    Case Number: S05A1866

    Plaintiff could not directly appeal the dismissal of his suit arising after the county department of public works declared a charter school to be exempt from local ordinances and granted all necessa

  • Sledge v. Peach County

    Publication Date: 2006-01-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lawrence C. Collins Collins & Aromatorio PC, Byron, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellees.
    Case Number: A06A0356

    In determining a disputed boundary, a fence and hedgerow that were in place for more than 40 years constituted ancient landmarks whose location controlled over the description in the

  • Storch v. State

    Publication Date: 2006-01-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amanda E. Persons and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A05A1671

    The defendant knowingly, intelligently and voluntarily entered a negotiated guilty plea to aggravated assault with intent to commit