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  • In the Interest of A. R. A. S.

    Publication Date: 2006-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Webb, Assistant Public Defender, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Cynthia N. Johnson, Cohutta, for appellee. Other party representation: Philip F. Woodward, Dalton.
    Case Number: A06A0331

    Parents have no right to refuse to testify at a parental rights hearing, even to avoid self-incrimination, and, if a parent refuses to testify, the trial court is authorized to draw a negative infer

  • Pitts v. State

    Publication Date: 2006-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Gary T. Moss, District Attorney, and Samuel K. Barger, Assistant District Attorney, Canton, for appellee.
    Case Number: S05G1156

    A 911 call made while the crime was in progress for the purpose of seeing immediate assistance is not testimonial in n

  • Shepherd v. State

    Publication Date: 2006-02-10
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, James M. McDaniel, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Sabrina D. Rhinehart and James C. Bonner Jr. Georgia Pub. Defender Council, Atlanta.
    Case Number: S05A1561

    Verdicts finding the defendant not guilty by reason of insanity of the malice murder of his sister and guilty but mentally ill of the felony murder of the same victim were not mutually excl

  • Brown v. Dorsey

    Publication Date: 2005-12-09
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven K. Leibel, George P. Shingler and Guy H. Weiss Casey, Gilson & Leibel PC, Atlanta, for appellant.
    for defendant: . William J. Linkous III, Chief Assistant County Attorney, Melanie F. Wilson, Sam L. Brannen Jr., Assistant County Attorneys, Decatur and Viviane H. Ernstes, Atlanta. Other party representation: E. Duane Jones Duane Jones & Assocs., Decatur, and Brian Steel The Steel Law Firm PC, Atlanta.
    Case Number: A05A1129

    DeKalb county was not liable under 42 USC § 1983 for the murder of DeKalb county Sheriff-elect Derwin Brown by former county deputies at the direction of former Sheriff Sidney D

  • Sewell v. Trib Publications Inc.

    Publication Date: 2005-12-02
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: K. Prabhaker Reddy Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Tyron C. Elliot, Manchester, for appellees.
    Case Number: A05A2077

    An assistant professor who allegedly made certain negative statements in class about America's military involvement in Iraq is not a limited-purpose public figure who must show malice before recover

  • Ryan v. State

    Publication Date: 2005-11-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Alvera A. Wheeler, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A05A1552

    The defendant was not entitled to a mistrial after a witness testified about his bad reputation, since the prosecutor did not deliberately elicit the response and the trial court immediately struck

  • Smithson v. State

    Publication Date: 2005-10-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David H. Jones and Joseph C. Larkin King, King & Jones PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Karen M. Harris, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A05A1379

    The illegality of the warrantless search of the defendant's home did not constitute reversible error, because the subsequently executed search warrant was

  • State v. Williams

    Publication Date: 2005-10-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellant.
    for defendant: Christopher P. Twyman Cox, Byinton, Corwin, Niedrach, Smith & Twyman, Rome, for appellee.
    Case Number: A05A0824

    No evi supported a "no-knock" provision in a search warrant that was based on standard language involving the affiant's general knowledge of whether the defendant would destroy the drug evi

  • Smith v. State

    Publication Date: 2005-05-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James E. Watkins, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0242

    The defendant did not invoke his Fifth Amendment right to counsel when he asked for and was appointed counsel to represent him on unrelated charges prior to confessing to an attempted bur

  • Folsom v. City of Jasper

    Publication Date: 2005-05-13
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Steven K. Leibel and Guy H. Weiss Casey Gilson Leibel PC, Atlanta, for appellant.
    for defendant: . Will H. Pickett Jr. Pickett, Pickett & Pickett PC, Jasper, for appellees.
    Case Number: S05A0021

    The city of Jasper's Alcoholic Beverages Ordinance contains a blanket prohibition against truthful, non-misleading speech about a lawful product in violation of the First Amen