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  • Jones v. State

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John K. Gross, Metter, for appellant.
    for defendant: William S. Askew, Swainsboro, for appellee.
    Case Number: A06A0355

    The trial court erred in denying the defendant a he on his motion for new trial, since a he on the motion was scheduled and defendant took no action to waive or abandon the he

  • In the Interest of S. L. E.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joshua J. Smith, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Charissa A. Ruel, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joel P. Thames, Bruce A. Kling, Curtis A. Kleem, Dalton, and Cynthia N. Johnson, Cohutta.
    Case Number: A05A2249

    The juvenile court erred in terminating reunification services for the father's two children, since the clear and convincing evidence did not sow that reasonable reunification efforts would be detr

  • Gulfstream Aerospace Servs. Corp. v. United States Aviation Underwriters Inc.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Christopher D. Britt and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Fred S. Clark Clark, Clark & Steinmetz, Savannah, Jon A. Kodani and Jeffrey J. Williams Law Office of Jon A. Kodani, Santa Monica, Calif., for appellees. Other party representation: J. Arthur Mozley Mozley, Finlayson & Loggins, Atlanta.
    Case Number: A06A0660

    Under the economic loss rule, ' "a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent du

  • McGruder v. State

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Curtis L. Hubbard Jr. Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0362

    Evidence that the defendant engaged in an ongoing course of conduct of molesting the victim over a period of three years showed that the defendant molested the victim after he turned 17 years of ag

  • In the Interest of T. G. Y.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael S. Webb, Assistant Pub. Defender, Chatsworth, 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, Dalton.
    Case Number: A06A0429

    The father had an extensive criminal history, resulting in repeat incarcerations, he had seven other illegitimate children, which he did not support and he had not seen his 4-year-old son in more t

  • Smith v. State

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, and Teresa L. Doepke, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0180

    The defendant's sentence on two counts of aggravated assault m

  • In the Interest of K. W.

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, Susan C. Stanton and Hope M. Pereira, Woodstock, for appellee.
    Case Number: A06A0586

    The mother's chronic methamphetamine problem supported the juvenile court's deprivation

  • In the Interest of C. J.

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rita F. Cooper, Powder Springs, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and T. Michael Flynn Law Offices of T. Michael Flinn, Carrollton, for appellee. Other party representation: Nathan E. Jackson The Law Office of James Anagnostakis, Douglasville, and William E. Brewer, Carrollton.
    Case Number: A06A0196

    Termination of the mother's parental rights was in the child's best interest because she was happy in her foster home, she was adjusting well at school, and the foster parents wished to adop

  • In the Interest of G. S.

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Meron Dagnew and Bentley C. Adams III Public Defender's Office, Dalton, for appellant.
    for defendant: Bruce A. Kling, Dalton, for appellee.
    Case Number: A06A0283

    Evidence that a parent is having financial difficulties does not support a finding that the parent is

  • Kelley v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gerald B. Kleinrock, Decatur, and Leigh S. Schrope Georgia Pub. Defenders Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0065

    In light of the jury charge taken as a whole, the trial court did not reversibly err by failing to specifically charge on the defendant's mere presence at the scene of an aggravated assault with a d