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  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • In the Interest of D. W.

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David T. Wooten, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Kathryn A. Pope DFACS and Vicki E. Carter, Athens, for appellee.
    Case Number: A03A2435

    Aggravating circumstances, in addition to the putative father's incarceration, supported the termination of his parental r

  • In the Interest of S. L. B.

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kelley A. Dial, Cartersville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Barry S. Haney Neel & Smith, Cartersville, for appellee.
    Case Number: A03A2514

    The incarcerated mother's promises to seek substance abuse counseling and rehabilitation in jail did not prevent the juvenile court from considering the mother's admitted history of substance abuse

  • Mayfield v. State

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A1715

    The 5-year delay between defendant's arrest and did not violate his Sixth Amendment right to a speedy where defendant failed to appear at his noticed

  • Carson v. State

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lynn G. Fant, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maziar Mazloom and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A1403

    Since defendant had no intention of accepting the state's plea offer, he could not show prejudice from his counsel's alleged failure to inform that he would be given a mandatory sentence of life wit

  • In the Interest of A. L. S. S., a child

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brantley J. Swindell McCullough & Swindell, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, and Sherri P. McDonald Newtton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee. Other party representation: Carol B. Miller, Pembroke.
    Case Number: A03A0953

    The putative father's criminal conviction, his near continuous incarceration during the child's life and his failure to comply with reunification plans supported the termination of his parental r

  • Moon v. Moon

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William A. Fletcher Jr. and Michael R. Dunham Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Patrick J. Fox McNally, Fox & Grant PC, Fayetteville, for appellee.
    Case Number: S03F0991

    Any error in the trial court's refusal to hear the testimony of the couple's 14 and 13-year-old children at the final hearing on the divorce was harmless since the trial court determined that the mo

  • In the Interest of M. M.

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: in A03A1174. Lisa J. Allen, APO, AE, for appellant in A03A1175. Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Walter G. Sammons Jr., Warner Robins, for appellee. Other party representation: Jon A. Nixon, Warner Robins.
    Case Number: A03A1174; A03A1175

    The evidence did not support termination of the mother and father's parental rights where there was no evidence of continuing domestic abuse and both parents cooperated with DFACS, maintained stable

  • In the Interest of K. W.

    Publication Date: 2003-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Gregory A. Voyles, Valdosta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, Charles R. Reddick, Homerville, and Michael S. Bennett Jr. Bennett Law Firm, Valdosta, for appellee.
    Case Number: A03A1888

    The evidence supported termination of the father's parental rights to his two chi

  • Spear v. Calhoun

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joyce W. Bergman, Fairburn, for appellant.
    for defendant: . Robert M. Darroch and Gino L. Montoya Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A03A0392

    The owner of an apartment complex could not have foreseen the death of plaintiff's daughter who was hit by a stray bullet fired by a New Year's Eve re