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  • Barrett v. Britt

    Publication Date: 2012-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Melanie Norvell Bovis Kyle & Burch LLC, Atlanta, for appellant.
    for defendant: . Robert Wilson Webb Tanner & Powell LLP, Lawrenceville, for appellees. Other party representation: Ned Blumenthal Weissman Nowack Curry & Wilco PC, Atlanta, Robert Hughes, Stone Mountain, J. Michael McGarity The McGarity Group LLC, Buford, and Lowell Chatham, McDonough.
    Case Number: A12A1249

    A question of fact remained as to whether certain items, which the de ts removed from the plaintiffs' property upon the termination of a leasehold, constituted equipment having to do with the d

  • Callaham v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Wadkins and Victoria Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia Slater, District Attorney, and Letitia Sikes Chattahoochee Judicial Circuit, Columbus, for appellee.
    Case Number: A12A1082

    The trial court's restitution order on retrial, along with a straight prison term with no probation, was proper even though it increased the defendant's original sen

  • Smith v. Cisco

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Brent Savage and Kathryn Pinckney Savage, Turner, Pinckney, & Madison, Savannah, for appellant.
    for defendant: . Jacquelyn Johnson, District Attorney, Nathan Williams Clark & Williams PC, Steven Blackerby, Terry Readdick, Brown Readdick Bumgartner Carter, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellees.
    Case Number: A12A0313; A12A0314

    In a state forfeiture action, the plaintiffs lacked standing to participate in the state's decision-making process concerning which property should be forf

  • Lingo v. Smith

    Publication Date: 2012-05-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0712

    The trial court retained jurisdiction over the dispossessory proceeding because the defendant's petition for removal to federal court was unt

  • Laye v. State

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant. Peter J. Skandalakis, District Attorney, LaGrange, and Anna C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A11A1456

    Although mere presence at the scene of crime and merely driving a getaway car are insufficient standing alone, if a defendant had knowledge of the intended crime and shared the criminal intent of ma

  • Demory v. State

    Publication Date: 2011-10-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Travis A. Williams, H. Bradford Morris Jr. and Larry L. Duttweiler Public Defender's Office, Gainesville, for appellant. Lee Darragh, District Attorney, Wanda L. Vance and Kelley M. Robertson, Assistant District Attorneys, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1071

    The trial court did not clearly err in finding that the prosecutor did not intend to goad the defense into seeking a mistrial, and thus did not err in denying the defendant's plea of double jeo

  • Thomas v. State

    Publication Date: 2011-07-22
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.
    Case Number: A11A0126

    The Court reversed the defendant's kidnapping conviction because the movement of the victim was incidental to the assault and did not isolate the victim from protection or r

  • Hines v. State

    Publication Date: 2011-03-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Cinque M. Axam Axam Roberts Legal Group, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece B. White, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A2059

    Counsel's failure to object to DNA evidence was presumed strategic because defendant passed up the opportunity to question counsel on this point at the hearing on his motion for a new

  • Allen v. State

    Publication Date: 2010-04-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice PC, Athens, and Jonathan L. Sharpley, Atlanta, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Rindi L. Harbeson, Assistant District Attorneys, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.
    Case Number: A09A1983

    Defendant's new ineffective assistance claims were procedurally b

  • Moore v. State

    Publication Date: 2009-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Katherine M. Mason, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1047

    The defendant's movement of the victim from a vehicle into a ditch did not constitute asportation, because the movement was minimal in duration, done in the commission of other offenses and did not