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  • Freeman v. State

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A06A0969

    The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defe

  • Hopson v. State

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lee Sexton and J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Ayana C. Curry, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1585

    The trial court properly charged the jury on the victim's capacity to co

  • Freeman v. Wal-Mart Stores Inc.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Davis K. Loftin, Peter A. Law and Ernest M. Moran Peter A. Law PC, Atlanta, for appellant.
    for defendant: Albert J. Decusati McLain & Merritt PC, Atlanta, for appellee. Other party representation: Tommy C. Mann Mann & Mann, Macon.
    Case Number: A06A0939

    A factual question remained as to whether the defendant had knowledge of the rolled-up carpet mat lying across an aisle in the defendant's produce department prior to the plaintiff's

  • Morales v. State

    Publication Date: 2006-08-25
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1892

    The trial court's overall jury charge substantially covered the principles contained in the defendant's requested charge on "parties to a c

  • Brown v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Tony L. Axam Axam, Adams & Secret PA, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Charles R. Sheppard and Rebecca A. Wright, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A06A1399

    The plain error doctrine is limited to capital cases and criminal cases in which the trial judge allegedly intimates an opinion of the defendant's

  • Jennings v. State

    Publication Date: 2006-01-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paula O. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A05A1866

    The victim's identification of the defendant as her attacker was reliable under the totality of the circumstances as she had ample opportunity to observe him during the course of the

  • Hodges v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A2274

    The circumstantial evidence did not support a finding that the defendant's had joint constructive possession of the cocaine found on the floor behind the driver's seat of the car, which his co-defen

  • Quillian v. State

    Publication Date: 2005-10-14
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1302

    The trial court did not err in excluding evidence of one victim's prior violent acts, since the defendant failed to establish a prima facie case of justific

  • Whitworth v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John R. Martin Martin Brothers PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1340

    The trial court properly noted that there is a difference between the lesser degree of neutrality required of a prosecutor and the greater degree required of a

  • Buckner v. Douglas County

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Kevin Moore Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Paul B. Frickey and Dana K. Maine Freeman, Mathis & Gary, Atlanta, for appellees.
    Case Number: A05A0881

    The Board of Commissioner's letter to the plaintiff agreeing to allow him to develop property in accordance with prior zoning amounted to an agreement to amend the county's zoning ordinance in viola