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  • Willett v. Russell M. Stookey PC

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald E. Dyches Jr., Savannah, for appellant.
    for defendant: Michael J. Hannan III Love & Willingham, Atlanta, Inman G. Hodges Oliver, Maner & Gray, Ryburn C. Ratterree and Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.
    Case Number: A02A0817; A02A1214

    The trial court reversibly erred in allowing the defense to bolster its impeachment of plaintiff by introducing prejudicial and irrelevant details of his prior c

  • Blouin v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael A. Zoffman, Atlanta, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Irvan A. Pearlberg and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0600

    The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility

  • Bowling v. Foster

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Neal H. Howard, William D. James, Debra S. Robinson Neal H. Howard & Assocs. PC, and Joann Brown-Williams, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mary K. Greene and Michael A. Strickland Carlock, Copeland, Semler & Stair, Atlanta, for appellees.
    Case Number: A01A2094

    Plaintiff's written consent to surgery negated her battery

  • Georgia Dep't of Pub. Safety v. Robinette

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Christopher S. Brasher, Senior Assistant Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Monte K. Davis, Atlanta, for appellee.
    Case Number: A01A2030

    O.C.G.A. § 40-5-67.1 g 2 F requires a showing that chemical testing was properly administered to support the administrative suspension of a driver's license for suspecte

  • Mimms v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George A. Stein Law Offices of George A. Stein, and Monte K. Davis, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1988

    Defendant's counsel waived a hearing on defendant's motion for new trial by failing to appear at the scheduled hearing which had been reschedule eight times over a 1-year period, partly due to defen

  • In the Interest of J. P. and R. M.

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael R. McCarthy, Dalton, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Richard K. Murray, Dalton, for appellee. Other party representation: James M. Barnes, Bruce A. Kling and G. Gargandi Vaughn, Dalton.
    Case Number: A01A1639; A01A1640

    Evidence that the mother and father spanked their children on videotape supported a finding that the children were dep

  • In the Interest of A. A. & C. O. A.

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gregory A. Voyles, and Vernita L. Lee, Valdosta, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant District Attorney, Atlanta, and Charles R. Reddick, Homerville, for appellee. Other party representation: William S. Steinberg Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta.
    Case Number: A01A1422; A01A1423

    The trial court erred in allowing a newly appointed caseworker to read a summary which she prepared from the prior caseworker's

  • In the Interest of S. E. L.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joseph T. Justice Clark & Justice and David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: Louis M. Turchiarelli, Marietta.
    Case Number: A01A0867

    Evidence supported the termination of the father's parental rights where he failed to support his child in foster care, failed to pay for the child's medical needs, did not search for employment dur

  • Fincher v. Fleet Mortgage Group

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Marilyn S. Bright, Atlanta, for appellant.
    for defendant: Hugh C. Wood, Dwight A. Meredith Wood & Meredith, and L. Jack Swertfeger Jr. Shapiro & Swertfeger, Atlanta, for appellees.
    Case Number: A01A1296

    An appeal of the denial of an application for interlocutory injunction was moot for failure to obtain a supers

  • Trammell v. Whetstone

    Publication Date: 2001-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George W. Weaver Weaver & Weaver, and Jeffrey L. Floyd, Jasper, for Trammell. Bryan C. Drost Little & Drost, and Robert K. Ballew, Blue Ridge, for Whetstone. David E. Ralston, Blue Ridge, for Elliott. Other party representation: Sherri L. Dillard-Doss, Oliver H. Doss Jr. Doss & Doss, Blue Ridge.
    for defendant:
    Case Number: A01A0320; A01A0321

    Evidence that a private roadway across defendant's property was between 12 and 15 feet, that plaintiffs they kept the roadway open and in repair for at least seven years and that defendant had notic