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  • Taylor v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gary P. Punch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Matthew A. Rankin, and John M. Daley, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: S03G1056

    The Court of Appeals erroneously declined to address the merits of the defendant's evidentiary

  • Collier v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2159

    The defendant's consent to blood testing based on the police officer's intentional misrepresentation of his implied consent rights was invalid and trial counsel was deficient for failing to seek sup

  • Allen v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The defendant was estopped from challenging his 1997 nolo plea under the authority of O.C.G.A. § 40-13-33 a, because he failed to attack the validity of that plea within 180 days of the day it becam

  • Young v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A0085

    The defendant failed to show that "his mind was gone" when he entered a plea to enticing a child for indecent purposes, statutory rape, child molestation, aggravated child molestation and sexual exp

  • Williams v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald P. Word and Jason W. Swindle Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2193

    The victim's prior unprosecuted molestation accusation was inadmissible in the absence of evidence that the accusation was

  • Duke v. Bachner

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . John A. Gilleland Love Willingham Peters Gilleland Monyak, Atlanta, for appellee. Other party representation: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A2293

    An assisting physician is not required to obtain the patient's consent prior to assisting in a su

  • Allen v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the

  • TGM Ashley Lakes Inc. v. Jennings

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Earl W. Gunn, John C. Bonnie and Nancy G. Cook Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellant.
    for defendant: . Charles A. Mathis Jr., Douglas P. McManamy The Mathis Law Firm, and John D. Steel Matthews & Steel, Atlanta, for appellees.
    Case Number: A03A1401

    Dester v. Dester, 240 Ga. App. 711 1999, Spencer v. Gary Howard Enterprises, 256 Ga. App. 599 2002, and Stephens v. Greensboro Prop., 247 Ga. App. 670 2001, are overruled to the extent they held tha

  • Traub v. Washington

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for Traub. Walter W. Ballew III Barrow & Ballew PC, Savannah, for Connor. Thomas R. Mock Jr. Hawkins & Parnell LLP, Atlanta, for Washington. Other Party Representation: Richard A. Rominger and Edward R. Stabell III Brennan, Harris & Rominger, Savannah.
    for defendant:
    Case Number: A03A1371; A03A1429; A03A1400; A03A1576

    A jury question remained as to whether the defendant attorney committed fraud by contacting and representing the plaintiff's creditor in his successful pursuit of a debt his former client

  • Ferguson v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, LaGrange, for appellee.
    Case Number: S03A1527

    The trial court erred in denying the defendant's motion to suppress evidence obtained pursuant to the unconstitutional provision in O.C.G.A. § 40-5-55, which requires chemical testing, even in the