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  • Jackson v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sanford A. Wallack, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A2300

    The trial court did not violate the defe s confrontation right in directing defense counsel not to reference prison, probation or any possible punishment in cross-examining the co-defe

  • Forbes v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1893

    The defendant's repeated sexual molestation of his daughter almost every night from the time she was 13 until she was 16 supported the defendant's convictions for rape, incest, child molestation, ag

  • In the Interest of E. G.

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Melanie D. Thompson, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Jerry W. Thacker, Conyers, for appellee.
    Case Number: A06A1944

    The mother's mental disability and her failure to comply with her case plan by failing to meet housing, employment and child support requirements supported the termination of her parental r

  • Kaiser v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alan B. Kaiser, Washington, proceeded pro se. William K. Wynne Jr., District Attorney, Monroe, for appellee.
    for defendant:
    Case Number: A06A1767

    A defendant, whose sentence in void, is entitled to withdraw his plea up until the time of re-sentencing, because a void sentence acts as if no sentence has been entered a

  • Davidson v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Kimberly K. Frye, Assistant Solicitor, Marietta, for appellee.
    Case Number: A06A1759

    The deputy sheriff's statements at the defendant's first DUI trial were not inconsistent with his testimony at the second trial, since the state did not pose the same ques

  • In the Interest of D. T.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: S. Morgan Robinson S. Morgan Robinson PC, and Jean M. Kutner Kutner & Bloom, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee. Other party representation: Scott R. King Slater & King, Atlanta.
    Case Number: A06A1815

    Evidence that the mother could not control her 15-year-old child to the extent necessary for his mental, physical or emotional health and has called the police on him 44 times in 16 month period, su

  • Aderhold v. Lowe's Home Ctrs. Inc.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: F. Mayes Davison Davison & Davison, Royston, for appellant.
    for defendant: Kenneth M. Barre Swift, Currie, McGhee & Heirs and John M. Hamrick Holland & Knight LLP, Atlanta, for appellee.
    Case Number: A06A2081

    Res ipsa loquitur did not apply to the defendant's injury

  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa

  • Velazquez v. State

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Billy M. Grantham, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Jeffrey L. Williamson, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A06A2226

    The trial court lacked the authority to impose a sentence of life without parole after the defendant pled guilty to raping his 7-year-old stepdaughter, since the state did not seek the death penalty

  • Gonzalez v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Lea Garland, Samuel & Loeb, Atlanta, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A06A2392

    The investigator's actions in requesting a lower bond did not constitute a hope of benefit under O.C.G.A. § 24