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  • Smith v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1765

    The defendant's conviction of the lesser charge of voluntary manslaughter strongly supported Court's conclusion that knowledge of the victim's status as a minister did not unduly prejudice the

  • State v. Brookbank

    Publication Date: 2007-03-16
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Leslie C. Abernathy, Solicitor, Carlton T. Hayes, Assistant Solicitor General, and Amy K. Radley Solicitor's Office, Cumming, for appellant.
    for defendant: Ann T. Shafer, Atlanta, for appellee.
    Case Number: A06A2036

    A videotaped recording unequivocally showed that the arresting deputy explained to the defendant that he had a right to a blood test only if he submitted to the required state breath test, so that h

  • Douglas Asphalt Co. v. E.R. Snell Contractor Inc.

    Publication Date: 2006-12-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, for appellant.
    for defendant: Michael E. Johnson Troutman Sanders, Eric L. Nelson Smith, Currie & Hancock LLP, David H. Flint Schreeder, Wheeler & Flint LLP, David M. Toolan, Atlanta, and Wade H. Coleman Coleman, Talley, Newbern, Kurrie & Preston, Valdosta, for appellees. Other party representation: Alfred A. Malena Jr. Thompson, Slagle & Hanan LLC, Duluth, Matthew R. Clark Troutman Sanders, Thurbert E. Baker, Attorney General, Mary J. Volkert, Assistant Attorney General, and Sheldon K. Fram, Atlanta.
    Case Number: A06A1392

    The trial court did not err in permanently enjoining the disclosure of unredacted copies of certain documents containing asphalt design mix formulas under the Open Records Act, because evidence show

  • Collier v. State

    Publication Date: 2006-12-15
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry D. Wolfe, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Assistant District Attorney, Decatur, and Tammi S. Fuller District Attorney's Office, Atlanta, for appellee.
    Case Number: A06A1319

    The officer's approach of the defendant's car, where it was stopped in a driveway, constituted a first-tier encounter, so the trial court did not err in denying the defendant's motion to suppress th

  • Hood v. State

    Publication Date: 2006-12-01
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Robert A. Rogers, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0936

    The trial court harmlessly erred in charging the jury on the reliability of tness's identification of the defendant, since ample other evidence connected the defendant with the crimes, besides

  • Robinson v. State

    Publication Date: 2006-11-17
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A2426

    The trial court did not err in refusing to accept the jury's first verdict of guilty with reasonable doubt as an acquittal and in sending the jury out for further delibera

  • Freeman v. State

    Publication Date: 2006-11-17
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A06A0969

    The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defe

  • Jenkins v. State

    Publication Date: 2006-11-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George C. Creal, Forest Park, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Grant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A06A1003

    The state may constitutionally require a suspect, who is not yet under arrest to submit to chemical testing where the suspect has been involved in a traffic accident resulting in serious injuries or

  • Bryson v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Lawrence A. Stockton Jr. and Brian M. Rickman Stockton & Stockton LLC, Clayton, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A06A1344

    The evidence, including both victims' videotaped interviews and their trial testimony, supported the defendant's convictions for aggravated sodomy and child molest

  • Whittle v. State

    Publication Date: 2006-11-10
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Melinda D. Taylor Spruell Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Kimberly K. Frye, Assistant Solicitor, Marietta, for appellee.
    Case Number: A06A1134

    The evidence authorized the trial court to find that the arresting officer made a reasonable effort to accommodate the DUI defendant's request for an independent blood