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  • Daniel v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James P. Brown Jr., McDonough, and Lloyd J. Matthews, Hampton, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A03A0071

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Schneider v. Susquehanna Radio Corp.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Michael K. Jablonski, Marc B. Hershovitz, Atlanta, and C. Ronald Ellington, Athens, for Schneider and Gardner. Sean R. Smith, Edward A. Webb Dow, Lohnes & Albertson PLLC, Atlanta, and Scott D. Dailard Dow, Lohnes & Albertson PLLC, Washington, D.C., for appellee.
    for defendant:
    Case Number: A02A1654; A02A1655

    The trial court erred in failing to consider whether the federal Telephone Consumer Protection Act violates the defendant's right to freedom of s

  • Head v. Brown

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles W. Stephens Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellant.
    for defendant: Edward L. Long Jr., Mark L. Degennaro Willis, McKenzie & Long, LaGrange, Paul E. Weathington and Dena K. Stoddard Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A2366

    The original trial court retained jurisdi to revoke its transfer of venue in the underlying medical malpractice case because the trial court did not transfer jurisdi

  • Petty v. State

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Winder, and Mary L. Skene, Assistant District Attorney, Jefferson, for appellee.
    Case Number: A02A2452

    Given the evidence linking the defendant to the charged crimes, the admission of improper opinion testimony from a doctor did not justify reversal under the plain error

  • In the Interest of B. L. H.

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John P. Rivers, Brunswick, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee.
    Case Number: A02A2310

    An incarcerated biological father had no constitutional right to personally appear at the hearing on the petition to terminate his parental r

  • Vasquez v. Smith

    Publication Date: 2003-01-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jacqueline K. Taylor J. Taylor & Assocs., Atlanta, for appellant.
    for defendant: Paul B. Kemeness, Dunwoody, for appellee.
    Case Number: A02A1814

    Plaintiff did not have to prove that she suffered an actual injury to support her claim for battery, an intentional

  • Witcher v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ryan M. Reid, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A2221

    Defendant waived his Fourth Amendment rights as a special condition of his probation and his flight suggested criminal act

  • Williams v. Young

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless, and Charles K. Wainright II, Albany, for appellees. Other party representation: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, and Antoinette D. Johnson, Atlanta.
    Case Number: A00A1393

    The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical cond

  • Jackson v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Candace K. Slezak, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A02A1375

    The trial court did not abuse its discretion in admitting the defendant's boyfriend's statement to a detective under the necessity exception to the hearsay rule since the statement was sufficiently

  • Moore v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1617

    The per se DUI defendant was entitled to a charge on the defense of accident or misfortune since the jury could have found that the fully-loaded 18 wheeler which he rear-ended on the interstate dece