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  • In re: Laurens County April-June 2001 and July-September 2001

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John E. Morrison, Vidalia, for appellant.
    for defendant: James L. Wiggins, Eastman, Francis M. Lewis Lewis & King LLC, and Joseph L. Chambers, Assistant District Attorney, Dublin, for appellee.
    Case Number: A04A0753

    The proposed grand jury presentment criticizing the district attorney's office constituted an act that was beyond the grand jury's statutory auth

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • Ken Thomas of Ga. Inc. v. Halim

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles B. Marsh and Anandhi S. Rajan Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Cary S. King Slater, King & Gross, Atlanta, for appellee. Other party representation: Victor J. Faenza Bridges, Ormand & Faenza, Atlanta.
    Case Number: A03A2120

    The doctrine of res ipsa loquitor was not applicable to a 1-car accident since some evidence showed that the accident resulted from negligent driving or that the alleged steering malfunction could h

  • Bennett v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for Bennett. Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for Jacobs. Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant:
    Case Number: A03A2439; A03A2440

    The trial court's error in admitting the defendant's statement in violation of the co-defendant's Sixth Amendment rights under Bruton was harmless, since the evidence against the co-defendant was ov

  • Garner v. Rite Aid of Ga. Inc.

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bryan M. Pulliam and Raymond T. Brooks Jr. Pulliam & Brooks LLP, Covington, for appellant.
    for defendant: . Warner S. Fox and Christopher S. Keith Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A03A1808

    Three teenagers assumed the risk of death or serious injury from huffing b

  • Cooper v. State

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William D. Healan III Healan Law Offices, Winder, and Sherry Boston The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Anthony B. Williams, Assistant District Attorney, Winder, Thurbert E. Baker Jr., Attorney General, and Christopher S. Brasher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1255

    O.C.G.A. § 40-5-55 a violates State and Federal Constitutional provisions against unreasonable searches and seizures to the extent it requires chemical testing of motor vehicle operators involved in

  • Singleton d/b/a Singleton Constr. Co. v. State of Ga., Dep't of Human Resources

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: James B. Blackburn Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Michael C. Taylor Office of District Attorney, Child Support Enforcement, Savannah, Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, and Nina J. Edidin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A1546

    O.C.G.A. § 19-6-30 et seq. provides for service of notice upon payor by regular mail and notice is deemed to be perfected upon mailing so defendant had sufficient notice, even though his wife signed

  • Watts v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David H. Jones King & King & Jones PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0929

    The invalidity of a search warrant, resulting in the seizure of DNA ce against the defendant, was res judicata because the Georgia Supreme Court previously held that the state did not meet its

  • Sallie v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Palmer C. Singleton III Southern Ctr. For Human Rights and Christopher M. Johnson, Atlanta, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, Thurbert E. Baker Jr., Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02P1702

    Under O.C.G.A. § 17-3-3, the state had the right to re-indict defendant within six months of nolle prossing his first indictment, without running afoul of statute of limita

  • Boaz v. Latson

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John A. Roberts and Brandy C. Snyder The Roberts Law Firm, Atlanta, for appellant.
    for defendant: . Albert B. Wallace, Stephen B. Wallace Albert Bailey Wallace PC, and William R. Latson, Jonesboro, for appellee.
    Case Number: A02A1663

    The 4-year statute of limitation was not tolled on the plaintiff's fraud claim because the defendant did not prevent him from discovering an allegedly fraudulent promissory