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  • State v. Gibbons

    Publication Date: 2001-04-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Campbell, District Attorney, and Donald S. Smith, Assistant District Attorney, Cartersville, for appellant.
    for defendant: Jay Choate, Cartersville, for appellee. Other party representation: Rex B. Abernathy and Bobby L. Cook Cook & Connelly, Summerville.
    Case Number: A00A1885

    Defendants were not free to go following a traffic stop for a seatbelt violation because the officer held the driver's license while he questioned

  • Berry v. State

    Publication Date: 2001-04-20
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James S. Purvis Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Sara D. Kentner, Assistant District Attorney, Conyers, and Heather C. Waters, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A00A1912

    Watson v. State, 190 Ga. App. 696 379 Se2d 817 1989 is overruled to the extent that it authorizes a traffic stop based on the possibility that a dealer's drive-out tag might be implicated in a car

  • Wolfe v. State

    Publication Date: 2001-03-30
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Anna Blitz, Atlanta, for appellant.
    for defendant: Paul J. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1620

    Evidence of defendant's gang activities was admissible and relevant to show his motive for firebombing the victims

  • Glynn County Bd. of Tax Assessors v. Haller

    Publication Date: 2001-03-16
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Gregory T. Carter, Richard K. Strickland and Terry L. Readdick Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellant.
    for defendant: Robert P. Killian Killian & Boyd, Eugene Highsmith, James A. Bishop, Monroe L. Frey III, Gary W. Moore, Brunswick, Douglas W. Alexander, St. Simons Island, Thurbert E. Baker Jr., Attorney General, and Warren R. Calvert, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0114; S01A0504

    The trial court erred in temporarily enjoining the county tax board from applying its proposed tax digest because plaintiffs had an adequate remedy at law under O.C.G.A. § 48-

  • Rivera v. State

    Publication Date: 2001-02-23
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Associates PC, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A2086

    A drug dog's detection of cocaine in defendant's luggage and defendant's questionable behavior supported the issuance of a warrant to search defendant'

  • Georgia Dept. of Human Resources v. Coley

    Publication Date: 2001-01-26
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, John C. Jones, Senior Assistant Attorney General, Bruce M. Edenfield and Robert L. Bunner Gray Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: John A. Lawson Lawson & Priebe, Jason K. Priebe and Charles E. Cox Jr., Macon, for appellees.
    Case Number: A00A1491

    Under the Georgia Tort Claims Act, the state was immune from a suit involving the strangulation of the plaintiff's brother at a state hos

  • State v. Causey

    Publication Date: 2000-12-15
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Maria B. Golick, Dana J. Norman and William M. Clark, Assistant District Attorneys, Marietta, for appellant.
    for defendant: Forrest K. Shealy, Marietta, for appellee.
    Case Number: A00A1686, A00A1687

    Under the criteria for a second-tier stop, the arresting officers had reason to believe that defendant and an individual who got into defendant's car were involved in an attempt to break into cars i

  • Lucas v. State

    Publication Date: 2000-11-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John B. Sumner, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, Canton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1231

    A reasonable officer would have understood that the defendant was invoking his right to counsel when he told the officer that his attorney told him not to say any

  • Byrd v. Owen

    Publication Date: 2000-10-13
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Herman M. Kilgore, Assistant District Attorney, Atlanta, for appellant.
    for defendant: James C. Carr Jr., Atlanta, for appellee.
    Case Number: S00A1062

    The state's failure to disclose its immunity agreement with its key witness entitled the murder defendant to habeas r

  • Fortson v. State

    Publication Date: 2000-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0196

    Defendant had a constit l right to appointed counsel at his hearing to withdraw his guilty plea because a plea withdrawal proceeding is a critical stage of a defendant's prosec