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  • Jeremiah v. State

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Layton D. Jeremiah, Helena, proceeded pro se. Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A01A0113

    The state failed to prove venue for defendant's battery conviction because there was no evidence as to where the battery occ

  • Interstate North Sporting Club v. Cobb County Bd. of Tax Assessors

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David K. Beals and Lisa F. Stuckey Ragsdale, Deals, Hooper & Seigler, Atlanta, for appellant.
    for defendant: Douglas R. Haynie and Harbert S. Gregory Jr. Haynie, Litchfield & Crane PC, Marietta, for appellee. Other party representation: Johannes S. Kingma Webb, Carlock, Copeland, Semler & Stair, Atlanta.
    Case Number: A01A0564

    O.C.G.A. § 48-5-311 g 2 does not prohibit a tax consulting service from requesting certification of a taxpayer's ad valorem tax a

  • In the Interest of T.R.

    Publication Date: 2001-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Richard A. Epps, Gray, 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 Philip B. Spivey, Milledgeville, for appellee.
    Case Number: A00A2492

    Evidence that mother was untruthful during an alcohol abuse assessment, that her younger children were in foster care as a result of her arrest and that she smelled of alcohol at the time of her arr

  • CIBA Vision Corp. v. Jackson

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Edward K. Smith and Paul G. Willaims Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Warren R Calvert and Daniel M. Formby, Senior Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A00A2123

    Free samples of contact lenses given to eye-care professionals are subject to taxation under O.C.G.A. § 48

  • Ready Trucking Inc. v. BP Exploration & Oil Co.

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kim G. Meyer, Atlanta, for appellant.
    for defendant: Adam L. Appel Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A00A2590

    Under the Uniform Commercial Code, the parties' invoices for the purchase of diesel fuel confirmed the terms of their agreement regarding the collection of sales tax on the purc

  • Elom v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A2147

    The officer's statement in the search warrant affidavit that he believed the ant was reliable did not constitute sufficient facts for the magistrate to make an independent determination of the

  • In the Interest of S.K. and F.K.

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Don T. Lyles, Thomasville, and James R. Smith Jr. Smith, Hannan & Parker PC, 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 Attorney General, Atlanta, and Daniel M. Mitchell Jr., Special Assistant Attorney General, Quitman, for appellee.
    Case Number: A00A2259, A00A2260

    The juvenile court had discretion under O.C.G.A. § 15-11-32 and 15-11-87 to deny the mother's motion for an independent psychological examination of the chi

  • In the Interest of S.L.H.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Christopher S. Warren and B. Samuel Engram Jr., Albany, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Paula K. T. Hanington, Albany, for appellee.
    Case Number: A00A2029

    The biological father's failure to legitimate his child after he was ordered to do so supported the termination of his parental r

  • Williams v. Young M.D. PC

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Green, Klosik & Daugherty, Atlanta, for appellant.
    for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless and Charles K. Wainright II, Albany, for appellees.
    Case Number: A00A1393

    The Court of Appeals adopted the continuous treatment doctrine and concluded that plaintiff's medical malpractice claim was not barred as a matter of law because she filed her claim within two years

  • Schreiber Co.-Shurlington Plaza LP v. Norstan Apparel Shops of N.Y. Inc.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James J. Brissette McGee & Oxford, Atlanta, for appellant.
    for defendant: Wendell K. Howell Jones, Cork & Miller and John E. Hall Jr., Macon, for appellees.
    Case Number: A00A1732

    The lessee's lost profits were material and relevant to show the damage it sustained from the lessor's breach of a non-competition c