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  • Stegall v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0913

    The mere fact that the victim took the stand satisfied O.C.G.A. § 24-3-16's availability requirement, even though she refused to answers any ques

  • State v. Evans

    Publication Date: 2009-03-06
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: James D. McDade, District Attorney, James A. Dooley, Jeffrey L. Ballew, Assistant District Attorneys, Douglasville, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Paige E. Boorman, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mary Erickson and M. Paul Reynolds Peters, Roberts, Reynolds and Erickson PC, Decatur, for appellee.
    Case Number: S08G0504

    A defendant's waiver of his right to counsel is valid, if the record reflects that the defendant ' "was made aware of the dangers of self-representation and nevertheless made a knowing and intellige

  • Schramm v. Lyon

    Publication Date: 2009-03-06
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lori G. Cohen, Thomas J. Mazziotti, John B. Merchant III and Michael J. King Greenberg Traurig LLP, Jonathan C. Peters and Jeffrey S. Bazinet Peters & Monyak LLP, Atlanta, for appellant.
    for defendant: . Daniel A. Ragland Ragland & Jones, Harvey R. Spiegel, Phillip C. Henry, Wendy G. Huray Henry, Spiegel, Fried & Milling LLP, Atlanta, for appellees. Amicus appellant: Norman S. Fletcher, Robert L. Berry Jr. and Ansel F. Beacham III Brinson, Askew, Berry, Seigler & Richardson, Rome. Amicus appellee: J. Marcus Howard Pope & Howard PC and Lyle G. Warshauer Warshauer, Poe & Thornton PC, Atlanta.
    Case Number: S08G1391, S08G1418

    The 5-year statute of repose did not bar the plaintiff's claims, arising from her development of an overwhelming post-splenectomy infection OPSI and her resulting partial loss of

  • Bragg v. Oxford Constr. Co.

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Craig A. Webster The Webster Firm PC, Norcross, and Ralph O. Scoccimaro Brown & Scoccimaro PC, Albany, for appellant.
    for defendant: . Carrie L. Christie Rutherford & Christie, and Frank M. Lowrey IV and Nicole G. Iannarone Bondurant, Mixson & Elmore, Atlanta, for appellee.
    Case Number: S08G1031

    The acceptance doctrine applicable to independent contractors barred the plaintiffs' recovery against the defendant for injuries allegedly caused by the defendant's work under contract for the count

  • Lankford v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Maryellen Simmons, Assistant Chief Public Defender, and Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0208

    The defendant was not entitled to a separate trial where his trial involved only three jointly-charged defendants, each man's role in the crimes was fairly well-defined and their defenses were not a

  • Barnett v. State

    Publication Date: 2009-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers, Sheueli C. Wang Georgia Pub. Defender Standards Council and Leigh S. Schrope, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Newnan, Anne C. Allen, District Attorney, Tara M. Wilson, Assistant District Attorney, Carrollton, Thurbert E. Baker, Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1554

    The defendant fatally shot the victim in the head and the victim identified the defendant as the sh

  • Collins v. Dickman

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Carl Reynolds and Bradley J. Survant Reynolds & McArthur, Macon, for appellant.
    for defendant: . Robert P. Monyak Peters & Monyak LLP, Susan V. Summers, Trisha L. Lewis Goldner, Sommers, Scrudder & Bass, and Rush S. Smith Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A08A1725

    The evidence showed that the plaintiff's expert had not engaged in the active practice or teaching of anesthesiology for three of five years preceding the plaintiff's su

  • Pincherli v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0247

    The evidence supported the defendant's conviction for cocaine trafficking based on a traffic stop, which resulted in the seizure of approximately three kilos of cocaine hidden inside the engine of t

  • People v. E.P., 2007NY092014

    Publication Date: 2008-07-23
    Practice Area:
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    Date Filed: 2008-07-16
    Court: Criminal Court, New York County
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2007NY092014

    Judge Marc J. Whiten NEW YORK COUNTY Criminal Court For the People: ADA Heather Pearson, New York County District Attorney's Office For the Defe

  • Wood v. Wood

    Publication Date: 2008-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07F1474

    The trial court did not abuse its discretion in determining that a home in Tattnall county was t e's separate property, since the husband quitclaimed any interest he had in the property to