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  • Myers v. State

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Page A. Pate, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0435

    The trial court erred in admitting hearsay testimony regarding a non-testifying co-defendant's custodial confe

  • Woodard v. State

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah F. Weiss Chandler & Britt LLC, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0420

    The trial court erred in admitting the custodial statement made by the defendant without consulting his appointed counsel because he was assumed to have invoked his right to counsel and did not init

  • Happoldt v. Kutscher

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Linwood R. Lovett, Bridgette M. Cooper and Paul R. Ayerbe Lovett, Cowart & Ayerbe, Macon, for appellant.
    for defendant: Donald J. Grate and Tracey K. Dewrell Misner, Scott & Grate, Atlanta, for appellee.
    Case Number: A02A0740; A02A0741

    Although a county subdivision review officer breached certain ministerial duties, there was no causal relationship between the breach of those duties and the road conditions alleged to have caused t

  • Flournoy v. Goble

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William P. Franklin Jr. and Terri M. Yates Oliver, Maner & Gray, Savannah, for appellant.
    for defendant: Ronald W. Hallman, Claxton, and Berrien L. Sutton Sutton & Assocs. PC, Homerville, for appellees.
    Case Number: A02A0436; A02A0437

    The verdict awarding the plaintiff damages for personal injuries in a medical negligence action was inconsistent with the verdict denying her husband damages for loss of conso

  • Cohen v. Target Corp.

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: Scott D. Delius Gray, Rust, St. Amand, Moffett & Brieske, Thomas E. Magill Magill & Atkinson and Eric S. Proser Hamilton, Westby, Antonowich & Anderson, Atlanta, for appellees. Other party representation: Alexander Gordon Cobb, Grabbe, Spiller & Irwin, Atlanta.
    Case Number: A02A0703

    Because the plaintiff provided no evidence that the defendants negligently constructed or maintained a concrete incline in front of their premises, that the incline violated any building code or tha

  • In re Waitz

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: Michael J. Powell Baker, Donelson, Bearman & Caldwell, Edmund J. Novotny Jr., Charles R. Bridgers DeLong, Caldwell, Novotny & Bridgers LLC, Suzanne K. Lehman, Atlanta, and J. Marc Vezina, Gretna, La., for appellee.
    Case Number: A02A0768

    An ey's failure to present documentation showing that he obtained protected information from independent sources supported the trial court's finding of civil and criminal contempt based on the

  • Creed v. State

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth L. Gordon and Franklin H. Thornton, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Nigel R. Lush, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A02A0287

    The trial judge did not express her opinion of the defendant's guilt when she inquired about the direction defense counsel was going with a particular line of questioning and encouraged counsel to m

  • In the Interest of J. W. K.

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William R. Thompson, Calhoun, for appellant.
    for defendant: James F. Ledbetter and Joseph D. Little, Calhoun, for appellee. Other party representation: George P. Govignon, Calhoun.
    Case Number: A01A2290

    The juvenile court erred in awarding temporary legal custody of the child to his paternal aunt and uncle for a period of two years without establishing a reunification plan between the child and his

  • Code v. State

    Publication Date: 2002-04-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Arleen Evans, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Robert H. English, Assistant District Attorney, Griffin, for appellee.
    Case Number: A02A0814

    Defendant was seen removing over $2,800 worth of merchandise from a K-Mart store with a wheelbarrow through the closed garden center and when a K-Mart employee tried to stop the defendant from leavi

  • Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Walter M. Britt Chandler & Britt, Buford, Ronald L. Reid Alston & Bird, John J. Dalton Troutman Sanders, Atlanta, Evan R. Chesler and Keith R. Hummel Cravath, Swaine & Moore, N.Y., for appellant.
    for defendant: . James E. Butler Jr., George W. Fryhofer III, Joel O. Wooten Jr., Cale H. Conley Butler, Wooten, Overby, Fryhofer, Daugherty & Sullivan, Albert M. Pearson III Moraitakis, Kushel & Pearson, H. Lamar Mixson, Michael B. Terry, Nancy J. Walsh and Joshua F. Thorpe Bondurant, Mixson & Elmore, for appellees. Other party representation: Gerald Davidson Jr. Davidson & Tucker LLP, Duluth.
    Case Number: A00A0120

    The Court of Appeals overruled Kent v. A. O. White Jr., Consulting Engineers PC, A01A0756 1/29/02, 02 FCDR 374, to the extent that it held that the Georgia Supreme Court adopted the standard set for