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  • Turner v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lindsey H. Bennett III Bennett & Hamilton, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1418

    The medical examiner properly based his opinion as to the cause of the victim's death of the facts contained in the redacted autopsy report that was prepared by a prior medical examiner who died bef

  • Jorisch v. Rhythm Festival Inc. a/k/a Rhythm Fest

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paula Jorisch, Washington, D.C., proceeded pro se. Thomas D. Trask, Noah H. Pines Dennis, Corry & Porter LLP, J. Franklin Burns and Christine A. Carson Gorby, Reeves, Peters & Burns, Atlanta, for appellee.
    for defendant:
    Case Number: A00A2122

    A company that rented modified vans for use in transporting disabled passengers did not provide specified public transportation service or operate a demand responsive or fixed route system with the

  • Pendergrass v. State

    Publication Date: 2001-01-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Floyd H. Farless, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, Charles S. Cox, Assistant District Attorney, Rome, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1520

    Murder defendant had no constitutional right to the effective assistance of her expert who testified that she suffered from battered person syn

  • Allen v. State

    Publication Date: 2001-01-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0920

    Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay

  • Sellers v. State

    Publication Date: 2000-09-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Elaine T. McGruder, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, George W. K. Snyder Jr., Senior Assistant Attorneys General, Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A00A1303

    Any error in the charge on accident and self-defense was harmless since the jury rejected both defenses when it convicted defendant for voluntary manslau

  • Holiday v. State

    Publication Date: 2000-09-22
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Roger J. Dodd and Sam D. Dennis Dodd & Dennis PC, Valdosta, for appellant.
    for defendant: H. Lamar Cole, District Attorney, Bradley M. Shealy, J. Bennett Threlkeld, Assistant District Attorneys, Valdosta, Charles M. Stines, Assistant District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0886

    The trial court properly admitted the prior inconsistent statements of three witnesses who testified at trial based on facts showing that the statements were voluntary and reliable under the circumst

  • Treglown v. K-Mart Corp.

    Publication Date: 2000-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, Charles G. Price Smith, Price & Wright, Rome, for appellant.
    for defendant: James S. Strawinski Strawinski & Goldberg LLP and George A. Koenig Dennis, Corry, Porter & Gray, Atlanta, for appellee.
    Case Number: A00A0723

    The plaintiff was not entitled to a new trial on his loss of consortium claim since there was conflicting evidence as to whether his wife's fatigue and lack of energy was related to her physical inj

  • Bennett v. Cotton

    Publication Date: 2000-08-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0091

    Plaintiff's tort claims arising out of her husband's construction contract with defen were barred by the prior arbitration proceeding between her husband and the defen

  • Hodo v. State

    Publication Date: 2000-03-31
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Dwight L. Thomas and Jo Ann Claudrick, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, George W.K. Snyder Jr., Senior Assistant District Attorney, Bettieanne C. Hart, Phyllis M. Burgess, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jeanne K. Strickland, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1557

    Trial court's denial of defendant's request for sequestered voir dire did not deny defendant the right to a fair and impartial jury, since there was no evidence that the entire venire was tainted by

  • Ramsey v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elaine T. McGruder, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, David E. Langford, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1447

    Since defendant's statements to the police officer who arrived at the crime scene were spontaneous, they were admissible even though he did not receive Miranda war