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  • Weiser v. Wert

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John K. Train IV, Adriane C. Yelton Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Dennis G. Lovell Jr. and Amy H. Ferguson Webb, Carlock, Copeland, Semlar & Stair, Atlanta, for appellant.
    for defendant: . Glenn A. Loewenthal Loewenthal & Jackson LLP, Atlanta, for appellees.
    Case Number: A01A1206

    Plaintiff's voluntary dismissal of his Chapter 13 wage earners plan avoided any inconsistent position with his pending malpractice a

  • Webb v. State

    Publication Date: 2001-09-14
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Gregory K. Schwarz, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A1020

    The victims' testimony regarding the similarity between defendant's scar and that of the masked robber was admissible, even though the prosecutor showed the victims a photograph of defendant's scar,

  • In the Interest of J. M.

    Publication Date: 2001-09-14
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Joseph I. Carter, Tifton, 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, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Melanie B. Cross Simpson & Cross, Tifton, for appellee.
    Case Number: A01A1119

    The Court reinstated the biological mother's parental rights because DFACS failed to present any evidence that her children would be seriously affected by her continuing parental relationship or th

  • In the Interest of M. C. L.

    Publication Date: 2001-08-31
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lisa A. Redlin McNally, Edwards, Bailey & Lander, Monroe, and Joseph S. Rhymer, Loganville, 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, Laura W. Hyman, Assistant Attorneys General, Atlanta, and John R. Laseter, Special Assistant Attorney General, Monroe, for appellee. Other party representation: Sheryl D. Fambrough, Lawrenceville, and G. Randolph Jeffery John W. Spence PC, Monroe.
    Case Number: A01A1336; A01A1337

    A couple's repeated incarcerations for various criminal offenses and their failure to comply with the reunification plan supported the termination of their parental r

  • Harvey v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W. K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A1232

    The trial court properly admitted evidence of two similar robberies to show defendant's intent, modus operandi and course of co

  • Riley v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A01A0924

    Defense counsel's attorney stating that the trial court failed to review the lead investigator's files on remand lacked probative value because it was replete with inadmissible he

  • Jenkins v. State

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William T. Payne, Decatur, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A1429

    The trial court did not clearly err in determining that defendant's custodial statement was voluntary based on the investigators' testimony that they did not threaten to take defendant's children

  • Threatt v. Forsyth County

    Publication Date: 2001-08-24
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Gambrell & Stolz LLP, and George E. Butler II, Atlanta, for appellant.
    for defendant: . Angela D. E. Davis, Kenneth E. Jarrard Jarrard & Davis LLP, and Rachel K. Iverson Morris, Manning & Martin, Cumming, for appellee.
    Case Number: A01A0657; A01A0748

    The property owners were entitled to prejudgment interest from the date of the county's condemnation of their property based on the difference between the special master's $7.3 million award and the

  • Shelton v. State

    Publication Date: 2001-08-17
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A01A1447

    Any error in the state's failure to redact defen videotaped statement to exclude the officer's reference to the victim's truthfulness was harmless in light of the overwhelming evidence of defe

  • Carson v. State

    Publication Date: 2001-08-17
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A01A1032

    The court properly excluded irrelevant evidence that the arresting officer made an improper statement to potential jurors during defendant's first