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  • Pickle v. Rayonier Forest Resources LP

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Howard C. Kaufold Durden, Kaufold, Rice & Tribble, Vidalia, for appellant.
    for defendant: David A. Sapp and Lawrence J. LoRusso Green, Johnson & Landers LLP, Atlanta, for appellee.
    Case Number: A06A1196

    The plaintiff's claim-whether the defendant cut and removed timber from the plaintiff's property and sold it without paying the plaintiff-did not sound in tort, since the subject matter of the parti

  • Price v. State

    Publication Date: 2006-10-27
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0975

    Defendant's void 5-year sentence on a misdemeanor cruelty to children conviction was reversed as it was not authorized b

  • Ellis v. State

    Publication Date: 2006-10-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: E. Paul Stanley, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Dawsonville, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A06A1500

    The trial court properly directed the jury to deliberate further, when the jury failed to decide the lesser included off

  • In the Interest of D. R.

    Publication Date: 2006-10-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Meron Dagnew and Bentley C. Adams Public Defender's Office, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Cynthia N. Johnson, Cohutta, for appellee. Other party representation: Philip F. Woodward and Curtis Alan Kleem, Dalton.
    Case Number: A06A0928

    The father suffers from epileptic seizures, which are not controlled by medication, incapacitate the father for 15-30 minutes, and render him dangerous to p without a reliable co-p

  • In the Interest of D. A. B.

    Publication Date: 2006-10-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Koontz Law Office of Dennis C. O'Brien and Ayeshia A. Amon-Ra, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Sanders B. Deen and Jason S. Naunas, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A06A2185

    The mother, who suffered from bi-polar disorder and polysubstance dependence, had attempted suicide, failed to monitor her medications, admitted using methamphetamine and maintained that an acquaint

  • Gibson v. State

    Publication Date: 2006-10-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ralph Washington The Eason Law Firm, College Park, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1010

    The trial judge improperly inserted himself in the plea bargaining process, when he advised the defendant that he would not give him the same sentence considerations in the event that the defendant

  • M. Homes LLC v. Southern Structural Inc.

    Publication Date: 2006-09-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gary Freed and Deborah S. Cameron Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Lance A. Cooper Cooper, Jones & Cooper LLP and Patrick A. Dawson, Marietta, for appellee.
    Case Number: A06A1554

    The builder's predecessor-in-interest waived the right to arbitrate certain construction claims when it failed to raise the defense of arbitration in its answer, participated in discovery and agreed

  • In the Interest of T. J.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Samms, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, Marie Y. Watson, Avondale Estates, and Hurl R. Taylor Jr., Ellenwood, for appellee.
    Case Number: A06A1560

    The mother failed to avail herself of a second opportunity four years ago to comply with her case plan when the Court reversed a prior order terminating her r

  • Buice v. State

    Publication Date: 2006-09-15
    Practice Area:
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    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: A06A0880

    The discrepancy between the indictment and jury charge on family violence battery was not fatal, since it had nothing to do with the manner in which the crime was comm

  • Peters v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Grimes, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Robert A. Rogers, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A1630

    The evidence did not support a finding that the defendant's blood alcohol level exceeded the legal limit within three hours of the last time he controlled a moving ve