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  • Nelson v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas N. Fox Peevy & Lancaster PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1882

    Exigent circumstances justified a protective sweep of the defendant's home, since officers knew that contraband and people were inside the house and saw the occupants attempting to

  • Woods v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S05A0448

    The legislature specifically enacted O. § 16-13-33 under the Controlled Substances Act to provide for potentially higher punishment than the general punishment provision for criminal attempt-O

  • Pitts v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, and Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Samuel K. Barger, Assistant District Attorney, Canton, for appellee.
    Case Number: A04A1621

    A juvenile court judge had subject matter jurisdiction over a felony criminal case pursuant to O.C.G.A. § 15-1-9.1 b 2, after she responded to an intra-county judicial request for assis

  • Watson v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1098

    Venue in Fulton county was appropriate, since the victim's body was found there and the evidence did not readily show where she was k

  • Scott v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Anna Blitz, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Blair D. Mahaffey and Alicia C. Gant, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A04A2100

    Competent evidence supported the trial court's finding that defendant's garbage cans were outside the curtilage of his

  • Harris v. SAL Fin. Servs. Inc.

    Publication Date: 2004-11-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Fredric Chaiken, Charlotte K. Perrell and Robert J. Kaufman Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: . G. Wayne Hillis Jr. and Aaron W. Lipson Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Grace E. Lewis, Assistant Attorney General, and Edward H. Lindsey Jr. Goodman, McGuffey, Aust & Lindsey, Atlanta.
    Case Number: A04A0926

    The arbitration clause in an agreement, which allowed an attorney who established a charitable trust for his client to buy and sell securities on behalf of the trust, was severable because the contr

  • Riley v. State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John T. Strauss, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, Thurbert E. Baker, Attorney General, and Mitchell P. Watkins, Assistant Attorney General, Atlanta, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes Multi-County Public Defender, Michael Mears, Gabrielle A. Pittman Georgia Indigent Defense Council and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S04P1039

    The trial court did not err in refusing to allow defendant's psychologist to testify about false confession theory where the expert concluded that the theory had not reached a verifiable stage of sc

  • Hines v. Georgia Ports Auth.

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Nobel L. Boykin Jr. Jones, Boykin, Stacy & Assocs. PC, for Hines and others. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Atlanta, Mary K. Moss, Thomas Mahoney Jr., Thomas J. Mahoney III Ranitz, Mahoney, Mahoney & Moss PC, Savannah, for the Georgia Ports Authority and others. Fred S. Clark Clark, Clark & Steinmetz, Marc G. Marling, David F. Sipple, Robert S. Glenn Jr., Colin A. B. McRae Hunter MacLean, Exley & Dunn, Savannah, Gordon D. Schreck Buist, Moore, Smythe & McGee PA, Charleston, SC, and Stephen H. Vengrow Cichanowich, Callan, Keane, Venegrow & Texto, New York, NY, for Rickmers and others. Amicus appellant: John H. Peavy Jr. Bovis, Kyle & Burch, Atlanta, in S03G1848.
    for defendant:
    Case Number: S03G1813; S03G1821; S03G1820; S03G1848

    The Georgia Ports Authority is not a state arm entitled to immunity under the Eleventh Amendment to the United States Constitution with regard to the plaintiffs' federal maritime torts c

  • J & M Aircraft Mobile T Hangers Inc. v. Johnston County Airport Auth.

    Publication Date: 2004-10-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: . David S. DeLugas, Marietta, for appellee. Other party representation: J. H. Chattin The Georgia Tribe of E. Cherokee, Dahlonega.
    Case Number: A04A1646

    State courts are divested of jurisdiction by tribal courts as a matter of law only when exercised over Indians or activities on Indian

  • State v. Morgan

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Ralph M. Walke, District Attorney, and Terry F. Hollland, Dublin, for appellant.
    for defendant: Stephen R. Yekel, Savannah, for appellee.
    Case Number: A04A0703

    The state failed to meet its burden of proving that a supervising officer authorized the roadblock in question for a valid p