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  • Pope v. Board of Comm'rs of Fulton County

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy J. Sweeney, James P. Robertson Jr., Melana Kopman and Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: K. Prabhaker Reddy Reddy & Silvis LLC, Richard R. Gignilliat Elarbee, Thompson, Sapp & Wilson, and James J. Park U. S. Court of Appeals, Atlanta, for appellees.
    Case Number: A05A1237

    The appellants' own letter to the county board of commissioners provided some evidence supporting their removal from their positions on the county's board of tax asse

  • Grier v. State

    Publication Date: 2005-11-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Barry M. Hazen, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1463

    Even if the trial court erred in excluding evidence that the victim may have voluntarily gone to the first co-defendant's home, other evidence showed that the defendant falsely imprisoned her, by fo

  • Purser Truck Sales Inc. v. Horton

    Publication Date: 2005-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Molly L. McCollum, Macon, for appellant.
    for defendant: Mark W. Straughan Straughan & Straughan, McRae, for appellee.
    Case Number: A05A1417

    Georgia's Controlled Substances Act does not clearly and explicitly create a lien for towing and storing a vehicle at the request of a law enforcement a

  • Maddox v. State

    Publication Date: 2005-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2234

    The 11-year-old victim's testimony and her videotaped interview supported the defendant's convictions for aggravated child molestation and aggravated sexual ba

  • Chhina Family Partnership LP v. S.K. Group of Motels Inc.

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael C. Hall, Albany, for appellant.
    for defendant: . Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellee.
    Case Number: A05A0926

    Merger clause in a sales contract for the purchase of a motel did not defeat the buyer's fraud claim, since the buyer based that claim on misrepresentations contained in the contract i

  • Kaiser v. State

    Publication Date: 2005-10-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alan B. Kaiser, Nicholls, proceeded pro se. William K. Wynne Jr., District Attorney, Covington, for appellee.
    for defendant:
    Case Number: A05A1810

    A special condition on the defendant's probation, which permanently limited his ability to practice medicine, was

  • Smithson v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David H. Jones and Joseph C. Larkin King, King & Jones PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Karen M. Harris, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A05A1379

    The illegality of the warrantless search of the defendant's home did not constitute reversible error, because the subsequently executed search warrant was

  • Andrews v. State

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carla J. Friend, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1430

    The defendant was on bond on charges that he kidnapped and raped the victim when he broke into her third-floor apartment and she jumped out of the w

  • Guillen v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas P. Lenzer and Robert W. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1048

    Defense counsel was not deficient for failing to request a charge on circumstantial evidence, since the state presented direct evidence of the c

  • Gearin v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Defendant's original sentence imposed on his guilty plea and conviction for cruelty to children was void, since it was enhanced in accordance with an unconstitutional statute-O.C.G.A. § 17-