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  • Carolina v. State

    Publication Date: 2010-01-29
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and William J. Hunter, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A2053

    The expert, who made the determin that the substance in question was contraband, testified at trial and was subject to cross-examin

  • Pyburn v. State

    Publication Date: 2009-12-18
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grayson P. Lane Brunswick Circuit Defender's Office, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A09A1486

    The defendant had a sexual relationship with his biological and adoptive daughter, which resulted in five chi

  • England v. State

    Publication Date: 2009-12-18
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Amy K. Radley Solicitor's Office, Cumming, for appellee.
    Case Number: A09A2181

    The evidence showed that the DUI defendant acquiesced to a state-administered test and at no point requested another, independent test of his

  • Thomas v. State

    Publication Date: 2009-10-02
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: John T. Morgan III, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A1370

    The arresting officer lacked a particularized and objective basis for initially detaining the defendant, who he observed driving slowly and making intermittent stops on a road near woods where a car

  • Walker v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Salvatore L. Schiappa III, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1539

    Since the defendant's detention was illegal, his attempt to avoid it could not support an obstruction c

  • Artis v. State

    Publication Date: 2009-08-07
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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

  • Hudson v. State

    Publication Date: 2009-04-03
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Brian K. Fortner and Katherine L. Iannuzzi, Solicitors General, Douglasville, for appellee.
    Case Number: A09A0367

    The state's failure to prove venue at the defendant's first trial did not bar her retrial for DUI, misdemeanor obstruction and other ch

  • Presley v. State

    Publication Date: 2009-04-03
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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

    The trial court did not abuse its discretion in excluding obse from the courtroom during jury selection due to limited seating and the need to keep potential jurors from intermingling with obse

  • Cook v. State

    Publication Date: 2009-03-27
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    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

  • In the Interest of T. F.

    Publication Date: 2009-01-16
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, and Benjamin Von Schuch District Attorney's Office, Douglasville, for appellee.
    Case Number: A09A0292

    The confrontation right is a trial right that does not apply to transfer hea