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  • Kitchens v. State

    Publication Date: 2002-12-06
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A02A1494

    The trial court should have suppressed the results of defendant's breath test where her consent was based at least in part on deceptively misleading information concerning the penalty for re

  • Mckee v. State

    Publication Date: 2002-11-08
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott A. Drake, Grayson, for appellant.
    for defendant: Jerry Rylee, Solicitor, and William B. Hollingsworth, Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A02A0906

    Evidence that defendant was traveling 10 mph and straddling both northbound of an interstate supported her convictions for DUI and failure to maintain

  • Govert v. State

    Publication Date: 2002-09-06
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott L. Ballard Ballard & Ballard, Fayetteville, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.
    Case Number: A02A0930

    The superior, state and municipal courts shared concurrent jurisdiction over defendant's DUI and traffic offense charges, regardless of whether she waived her right to a jury

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-08-16
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    The condemned property's close proximity to a university and city, as well as the deteriorated nature of the immediately surrounding neighborhood, allowed the jury, in valuing the property, to consi

  • Blaney v. Heron

    Publication Date: 2002-08-02
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Albert M. Pearson III and Nicholas C. Moraitakis Mills, Moraitakis & Kushel, Atlanta, for appellant.
    for defendant: . Hunter S. Allen Jr. and Kara A. Hicks Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A0698

    A doctor's actions raised factual issues as to whether she was entitled to the good faith immunity under O.C.G.A. § 19-7-5 f for reporting suspected child

  • Unum Life Ins. Co. of Am. v. Crutchfield

    Publication Date: 2002-08-02
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael J. Hannan III and Allen S. Willingham Love & Willingham, Atlanta, for appellant.
    for defendant: Jeffrey G. Casurella Law Offices of Jeffrey G. Casurella, Atlanta, Jerry A. Landers Jr. Browning & Tanksley, Marietta, John C. Bell Jr. Bell, James & Bentley, Augusta, and M. Scott Barrett Barrett & Assocs., Chicago, Ill., for appellees.
    Case Number: A02A0476

    The trial court did not abuse its discretion in granting class certification for claims against a life insurance company regarding underpayment of post-mortem interest on life insurance pro

  • Atlanta Orthopedic Surgeons v. Adams

    Publication Date: 2002-04-19
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Alexander H. Booth and Culley C. Carson IV Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . David G. Adams, Savannah, proceeded pro se.
    Case Number: A01A2362

    The trial court erred in failing to grant dismissal of the plaintiff's appeal of his medical malpractice action since the plaintiff's actions in causing three year and four month delay in filing of

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    Evidence showing condemned property's close proximity to the University of Georgia and the city of Athens as well as the deteriorated nature of the immediately surrounding neighborhood allowed the

  • First Born Church of the Living God Inc. v. Bank of Am.

    Publication Date: 2001-02-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kirby C. G. Mason Hunter, McLean, Exley & Dunn PC, Savannah, John M. Hatfield The Hatfield Law Firm, Waycross, and Walter D. Adams, Brunswick, for appellant.
    for defendant: . Lamar Gibson Gibson & Spivey PC, Waycross, and Monica L. Cothran Davenport, James & Cothran, Panama City, Fla., for appellee. Other party representation: Kerey Carpenter, Tallahassee, Fla.
    Case Number: A00A1795

    The trial court erred in retaining jurisdiction to consider the propriety of the church board's successive attempts to remove its senior bishop because the Court of Appeals' decision in the parties

  • Wilkins v. State

    Publication Date: 2000-12-22
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Sean A. Black, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and William C. Akins, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A00A1634

    The prosecutor did not improperly comment on the defendant's right to remain silent by referring to defendant's refusal to give a blood sample when he was arr