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  • Spear v. Calhoun

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joyce W. Bergman, Fairburn, for appellant.
    for defendant: . Robert M. Darroch and Gino L. Montoya Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A03A0392

    The owner of an apartment complex could not have foreseen the death of plaintiff's daughter who was hit by a stray bullet fired by a New Year's Eve re

  • Bailey v. State

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Frank K. Martin The Martin Firm, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Jarrell H. Palmer, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A0613

    The trial court properly declared a mistrial after the jury in defendant's first trial deadlocked 10-2 since the state did not consent to defendant's proposed waiver of her right to a unanimous ve

  • Spencer v. State

    Publication Date: 2003-02-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A03A0702

    Defense counsel waived defendant's right to automatic discharge and dismissal by consenting to extend discovery for an additional 60 days and have defendant's trial date reset outside of the allowab

  • Guillen v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Deborah M. Vaughan and Eugene Novy Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A1477

    The defendant failed to prove that she was insane when she kidnapped and stabbed a co-worker since she took methodical steps to implement her c

  • Bates v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gregory W. Valpey Valpey & Parks, and Lucy K. Henry Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, Stewart, Melvin & Frost LLP, Jennifer C. Bagwell, Assistant District Attorney, Gainesville, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0969

    Defendant pointed a pistol at his brother's head and pulled the trigger after his brother told him to go ahead and

  • Terrell v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: John T. Strauss, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Alan A. Cook, Assistant District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, and Paige R. Whitaker, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02P0643

    Recent United States Supreme Court case law did not require the state to allege statutory aggravating circumstances in the defendant's indictment or have a grand jury consider statutory aggrav

  • Greene v. State

    Publication Date: 2002-10-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Renate D. Moody, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Elizabeth K. Bobbitt and Myra H. Kline, Assistant District Attorneys, Macon, for appellee.
    Case Number: A02A0922

    The evidence supported dant's conviction for violating his oath as a public officer where the state produce a copy of the oath signed by a police officer who was sworn in at the same time as th

  • Bickerstaff Automotive Inc. v. Tsepas

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Bermen PC, Atlanta, for appellant.
    for defendant: Neal B. Graham Buzzell, Graham & Welsh LLP and Timothy K. Hall, Macon, for appellee.
    Case Number: A02A1445

    The UCC provision allowing a seller to cure a nonconforming delivery did not preclude plaintiff from rescinding her "new" car lease and suing defendants for fraud after she learned that the car had

  • Northside Equities Inc. v. Hulsey

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: H. Lehman Franklin Jr., Statesboro, Brent J. Savage and Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Charles B. Tanksley Browning & Tanksley, Marietta, for appellee. Amicus Appellant: Christopher T. Terrell Stokes & Murphy PC, College Park, Irwin W. Stolz Jr. and John J. Barrow Winburn, Lewis, Barrow & Stolz PC, Athens.
    Case Number: S01G1307

    Scientific evidence of a driver's blood alcohol level can create a factual question as to whether the driver was noticeably intoxi

  • Woods v. State

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcus C. Chamblee Center for Prisoner's Legal Assistance, Alpharetta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A2355

    Defendant presented no evidence that his counsel misrepresented how much of his sentence he would have to