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  • Kline v. KDB Inc.

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael Weinstock and Matthew W. Carlton Weinstock & Scavo PC, Atlanta, for appellant.
    for defendant: Jason B. Schwartz Temple, Strickland, Counts & Dinges, Decatur, Harvey S. Gray, Christopher M. Ziegler Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, Cheryl R. Reid and Richard A. Carothers Carothers & Mitchell, Buford, for appellant. Michael Connor Sr. and Michael Connor Jr., Mableton, proceeded pro se.
    Case Number: A08A1594

    Evidence that the arresting officer had probable cause and exigent circumstances to lawfully arrest the plaintiff without a warrant for criminal trespass at a bar and restaurant precluded the plaint

  • Kelley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A1702

    The then 8-year-old victim identified the defendant as the man, who approached her while she was playing behind a vacant house, told her to ' "Give me head," ' and put his ' "private" ' in her

  • Peoples v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A08A2177

    The defendants' convictions di merge for sentencing purposes, since each offense required proof that the other di

  • Ferrell v. Mikula

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Andrew T. Rogers Deitch & Rogers LLC, Atlanta, for appellant.
    for defendant: . Carrie L. Christie Rutherford & Christie LLP, and Courtney M. Norton, Atlanta, for appellees.
    Case Number: A08A1549

    An arrest without a warrant cannot constitute false/malicious arrest under O.C.G.A. § 5

  • Ferrell v. Mikula

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1549

    An arrest without a warrant cannot constitute false/malicious arrest under O.C.G.A. § 5

  • State v. Holloway

    Publication Date: 2008-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1225

    The officer's vague and uncertain testimony that the vehicle's primary driver ' "pretty much" ' gave her c to the search authorized the trial court to find that her

  • Pollack v. State

    Publication Date: 2008-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1453

    Since the officers smelled raw marijuana when they opened the door of the defendant's car with his consent and the defendant admitted that he was on parole, his 43-minute detention while the off

  • Neugent v. State

    Publication Date: 2008-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1130

    The record belied the defendant's contention that the trial court erred in denying his motion for a new trial on the basis that he suffers from a hearing impairment, which prevented him from und

  • In the Interest of K. J.

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0932

    Evidence that the juvenile pounded her fist into her hand and said over and over again that she was going to get her math instructor supported her delinquency adjudication for terroristic th

  • In the Interest of D. W.

    Publication Date: 2008-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0899

    The mother had a history of unrehabilitated drug use, she failed to comply with her reunification plan for over a year, she failed to pay support and did not have a parental bond with the