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  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • Burchette v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A05A1205

    The trial court lacked authority to grant the defendant first offender treatment after adjudicatin guilty of arson and sentencin

  • Clough v. Richelo

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Rosenthal Wagner, Johnston & Rosenthal and Angelo T. Merolla, Atlanta, for appellant.
    for defendant: Johannes S. Kingma and Eric F. Barton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A05A0181

    State Bar Rule 3.7 does not preclude a lawyer from representing a client prior to even if the lawyer is likely to be a necessary witness at the

  • Barber v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Shawna M. Woods Head, Thomas, Webb & Willis, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A0618

    The defendant willingly participated in a gunfight in a parking lot and an innocent bystander was fatally wounded during the exchange of gu

  • Allen v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ramon J. Fajardo, Albany, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Leon Jourolmon, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A05A0808

    The defendant admitted that he altered a prescription for narcotic pain medic

  • Steele v. Atlanta Maternal-Fetal Med. PC

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen F. Harris and Jim N. Peterson Jr. Peterson & Harris PC, Atlanta, for appellant.
    for defendant: . John E. Hall Jr. and Jonathan Marigliano Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A04A2023

    The trial court reversibly erred in overruling the plaintiffs' objection to defense counsel's closing argument, in which counsel effectively argued that the plaintiffs bore the burden of proving the

  • Navajo Constr. Inc. v. Brigham

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ravelle D. Smith Vaughn & Evans, Cartersville, for appellant.
    for defendant: Sidney P. Wright, Rome, for appellees.
    Case Number: A04A2272

    The trial court erred in granting the defendants' motion for summary judgment where the plaintiff presented a prima facie claim of tre

  • State v. Gomez

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, and Gary S. Vey, Assistant Solicitor, Lawrenceville, for appellant.
    for defendant: Martin M. Del, Atlanta, for appellee.
    Case Number: A03A2347

    The state court should not have considered the defendant's untimely motion to suppress DUI evi

  • Hart v. Appling County Sch. Bd.

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Fred S. Clark Clark & Clark, Savannah, for appellee.
    Case Number: A04A0187

    A waiver of sovereign immunity occurs at the time the cause of action arose and the plaintiff was injured prior to the 1991 amendments to the sovereign immunit

  • Richardson v. State

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, and Kevin W. Durmmond Hamrick, Drummond & Miller LLP, Carrollton, for appellee.
    Case Number: A02A1103

    The Court of Appeals adopted the Supreme Court's ruling that application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the de