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  • Tackett v. State

    Publication Date: 2002-09-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lydia S. Caldwell, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A02A0865

    The state failed to establish venue with regard to one out of six counts of aggravated child molest

  • Thompson v. State

    Publication Date: 2002-08-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Katherine K. Lumsden and Amy E. Smith, Assistant District Attorneys, Perry, for appellee.
    Case Number: A02A1456

    The evidence, including defendant's own admissions that his house and shop where the crimes occurred are located in Houston County, established venue beyond a reasonable

  • Golden Peanut Co. v. Bass

    Publication Date: 2002-05-10
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett, Candace N. Smith, Paul J. Kaplan Alston & Bird, Emmet J. Bondurant, Michael B. Terry and Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Griffin B. Bell, Benjamin F. Easterlin IV, Michael C. Russ, John P. Brumbaugh King & Spalding, Atlanta, Whitney G. Saunders Saunders, Babineau & Brewbaker LLC, Suffolk, Va., and Wayne S. Weaver Southwestern Peanut Shellers Assoc., Stephenville, Texas, for appellees. Amicus appellant: Evans J. Plowden Jr., Dawn G. Benson, and Charles K. Wainwright II Watson, Spence, Lowe & Chambless LLP, Albany.
    Case Number: S01G1157

    Contract clause relating to the sale of additional peanuts at a higher than contracted price was not void for violation of federa

  • 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

  • Harrell v. State

    Publication Date: 2002-03-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Dennis C. O'Brien and David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A1939

    Lay opinion testimony that the damage to the victim's truck exceeded $500 supported defendant's conviction for criminal damage to property in the second d

  • Lee v. State

    Publication Date: 2002-02-15
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brooks S. Franklin and Cynthia G. Morris Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Raymond J. Burby IV, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1284

    The defendant shot the unarmed victim seven times as the victim was attempting to steal hi

  • Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Corliss S. Lawson Lord, Bissell & Brook, and Earnest Redwine Devlin & Robinson PC, Atlanta, for appellant.
    for defendant: . Thomas W. Malone, Stuart B. Houck, Rosser A. Malone Thomas W. Malone PC, and Sheryl L. Burke, Atlanta, for appellees.
    Case Number: A01A1768

    Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matt

  • Smith v. State

    Publication Date: 2002-01-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A01A2404

    A co-conspirator's taped telephone conversations that took place within 1 hours of the crime were admissible, even though the statements related to past facts, since the state presented independent

  • Fort v. State

    Publication Date: 2001-12-14
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Jeffrey W. Cofer, Jonesboro, for Fort. Patricia F. Angeli, Jonesboro, for Peck. Robert E. Keller, District Attorney, Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, Thurbert E. Baker Jr., Attorney General,, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S01A1268; S01A1269

    The record failed to support defendant's contention that a detective improperly placed his bad character into evidence by referencing a mu

  • Wilder v. Jefferson Ins. Co. of New York

    Publication Date: 2001-11-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sandra L. Doyle Holland & Knight, Norman S. Epstein, Atlanta, and Jonathan P. Sexton, Stockbridge, for appellant.
    for defendant: . James M. Poe, James L. Creasy III, and Catherine E. Diamond Drew, Eckl & Farnham LLP, Atlanta, for appellee. Other party representation: John W. Scott, Atlanta, Sabrina K. Bozeman, Stone Mountain, and C. T. Defranks Lacosta Recovery Services, Alpharetta.
    Case Number: A01A1410

    A certificate of insurance which was issued by an insurance agent did not confer coverage on a tow truck which was never added to the insured's policy because the agent had no authority to bind the