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  • Hart v. Appling County Sch. Bd.

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Fred S. Clark Clark & Clark, Savannah, for appellee.
    Case Number: A04A0187

    A waiver of sovereign immunity occurs at the time the cause of action arose and the plaintiff was injured prior to the 1991 amendments to the sovereign immunit

  • Smith v. State

    Publication Date: 2004-02-27
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert F. Smith, Folkston, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1804

    The Court remanded for the trial court to consider the merits of defendant's claim that the state denied him his constitutional right to a speedy trial under the analytical framework in State v. Ba

  • Allen v. State

    Publication Date: 2004-02-20
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the

  • Moulton v. Wood

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ralph L. Phillips, Dawson, for appellant.
    for defendant: . Howard J. Stiller, Albany, and Christopher L. Meachum Meachum & Earley PC, Columbus, for appellees.
    Case Number: A03A2316

    The record presumably support the trial court's judgment where the plaintiff omitted material evidence from the record on a

  • TGM Ashley Lakes Inc. v. Jennings

    Publication Date: 2003-12-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Earl W. Gunn, John C. Bonnie and Nancy G. Cook Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: . Charles A. Mathis Jr., Douglas P. McManamy The Mathis Law Firm, and John D. Steel Matthews & Steel, Atlanta, for appellees.
    Case Number: A03A1401

    Dester v. Dester, 240 Ga. App. 711 1999, Spencer v. Gary Howard Enterprises, 256 Ga. App. 599 2002, and Stephens v. Greensboro Prop., 247 Ga. App. 670 2001, are overruled to the extent they held tha

  • State v. Varner

    Publication Date: 2003-12-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker and Bret E. Pinion, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: D. Todd Wooten, Atlanta, for appellee.
    Case Number: S03A0936

    The state meets its obligation under the speedy trial demand statute so long as it retries a case that ends in mistrial during the remainder of the term in which the mistrial occurred or, if there a

  • Meadows v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for Meadows. Charles C. Flinn Carnesale & Deland, Decatur, for Thomas. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A03A1582; A03A1583

    The trial court should not have admitted the first defendant's inculpatory pretrial statement because he did not testify and was not available for cross-examin

  • Cooper v. State

    Publication Date: 2003-10-17
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William D. Healan III Healan Law Offices, Winder, and Sherry Boston The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Anthony B. Williams, Assistant District Attorney, Winder, Thurbert E. Baker Jr., Attorney General, and Christopher S. Brasher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1255

    O.C.G.A. § 40-5-55 a violates State and Federal Constitutional provisions against unreasonable searches and seizures to the extent it requires chemical testing of motor vehicle operators involved in

  • Smith v. State

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, and Bobby L. Cook Cook & Connelly, Summerville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Anne E. Green, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0968

    Defendant failed to show how he was harmed by the trial court's decision to dead docket two extra offenses, which the grand jury mistakenly included on the face of the indic

  • Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

    Publication Date: 2003-09-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Blackburn Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Michael C. Taylor Office of District Attorney, Child Support Enforcement, Savannah, Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, and Nina J. Edidin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A1546

    O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed