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  • Salmeron v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ricky W. Morris Jr. and J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0636

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the cit

  • Copper Tire & Rubber Co. v. Merritt

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman Mathis & Gary LLP, Atlanta, for Cooper Tire & Rubber Co. Kermit S. Dorough Jr. Divine & Dorough, Albany and Jesse G. Bowles Bowles & Bowles, Cuthbert, for Merritt.
    for defendant:
    Case Number: A04A0811; A04A0812

    Workers' compensation provided the exclusive remedy for the plaintiff's injury due to his employer's negligence in failing to maintain a faulty for

  • Bolden v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bobby D. Wilson, Roswell, for Bolden. Luana K. Walsh, Atlanta, for Lindsey. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1473; S04A1526

    Defendant's pre-Miranda statement was admissible, even though she made the statement after police transported her to the station in handcuffs, since the handcuffs were merely a safety measure for th

  • Pate v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mary F. McCord, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, Mickey R. Thacker, Assistant District Attorney, and Gregory S. Dickson District Attorney's Office, Cartersville, for appellee.
    Case Number: A04A1092

    Defendant's life sentence without parole was vacated since the state failed to give proper notice of the armed robbery conviction it used in aggravation of the his convic

  • Barrow v. State

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: David E. Slemons, McDonough, for Barrow. Lloyd J. Matthews, McDonough, for Williams. Tommy K. Floyd, District Attorney, Blair D. Mahaffey and James L. Wright III, Assistant District Attorneys, McDonough, for appellee.
    for defendant:
    Case Number: A04A1429; A04A1430

    Evidence that the cocaine, which the second defendant threw from the car the first defendant was driving, had a street value of approximately $2,500 was sufficient to show intent to distr

  • Daniel v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S03G1172

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Munroe v. Universal Health Servs. Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Yelton Sammons Nall & Miller, Christine M. Stadler, Atlanta, and Omar R. Mark Zamora Pennebaker & Zamora, Dallas, for appellee.
    Case Number: S04A0470

    A defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable f

  • Mid-Georgia Envtl. Management Group LLLP v. Meriwether County

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: James L. Paul, Matthew J. McCoyd Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, Steven M. Fincher and Murray J. Weed Fincher & Hecht LLC, Jonesboro, for appellant.
    for defendant: Daniel W. Lee, LaGrange, Dana K. Maine, Kelley R. Purdie Freeman, Mathis & Gary LLP, Atlanta, and Thomas H. Morton Morton, Morton & Assocs. LLC, Zebulon for appellees.
    Case Number: S03A1487

    The county could not be compelled to grant approval for the plaintiff to build a solid waste landfill on 240 acres of county property that was not zoned for landfil

  • Grindle v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Benjamin C. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A04A0367

    The trial court did not abuse its discretion in sentencing defendant for felony theft by taking, given the victim's testimony that she had over $600 in currency in her

  • Union County v. CGP Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dana K. Maine and Paul B. Frickey Freeman, Mathis & Gary LLP, Atlanta, for Union County. John W. Harbin, Simon H. Bloom and Bryan E. Busch Powell, Goldstein, Frazer & Murphy, Atlanta, for CGP Inc.
    for defendant:
    Case Number: S03A0669; S03X0670

    A county's flood ordinances are not subject to municipal zoning regulations since they apply to all property in county subject to specified physical phenomenon-periodic flooding in this