• Salmeron v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ricky W. Morris Jr. and J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.

    Case Number: A05A0636

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the cit

  • State v. Bibbins

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William T. McBroom III, District Attorney, and Thomas J. Ison Jr., Assistant District Attorney, Griffin, for appellant.
    for defendant: Virgil L. Brown, Eric D. Hearn and Ronald J. Ellington Virgil L. Brown & Assocs., Zebulon, for appellee.

    Case Number: A04A1305

    An officer's request for consent to search for drugs during the course of a brief, on-going traffic stop does not, in and of itself, violate the Fourth Amendment so as to make a valid detention "ill

  • Aon Risk Servs. Inc. of Ga. v. Commercial & Military Sys. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilsen and Regina S. Molden Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Edward J. Tarver and Patrick C. Smith Jr. Hull, Towill, Norman, Bartlett & Salley, Augusta, for appellee.

    Case Number: A04A0913; A04A0917

    Unauthenticated letters were inadmissible under the business records exception to the hearsay rule where the author was not available for cross-examin

  • Dixon v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Fred R. Simpson, Rome, David Balser, James D. Dantzler Jr., James A. Washburn and Thomas B. Bosch McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, John F. McClellan Jr., Assistant District Attorney, Rome, for appellee. Amicus appellant: Brenda J. Bernstein The Bernstein Firm PC, Nicholas A. Lotito, Atlanta, Michael E. Paulhus, William D. Iverson, Claire G. Kunstling Covington & Burling, Washington, D.C.

    Case Number: S04A0072

    The defendant was entitled to the lessor of two punishments under the rule of lenity because the two statutes-misdemeanor statutory rape and felony child molestation-are in con

  • Dixon v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Fred R. Simpson, Rome, David Balser, James D. Dantzler Jr., James A. Washburn and Thomas B. Bosch McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, John F. McClellan Jr., Assistant District Attorney, Rome, for appellee. Amicus appellant: Brenda J. Bernstein The Bernstein Firm PC, Nicholas A. Lotito, Atlanta, Michael E. Paulhus, William D. Iverson, Claire G. Kunstling Covington & Burling, Washington, D.C.

    Case Number: S04A0072

    The defendant was entitled to the lessor of two punishments under the rule of lenity because the two statutes-misdemeanor statutory rape and felony child molestation-are in con

  • Bradford v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Demetria Williams DeKalb County Pub. Defender's Office, and Ruth Rocker, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and David McLaughlin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: A03A2442

    The indictment charging the defendants from t money from three named mortgagees on three specified dates sufficiently charged the crimes of theft by t

  • State v. Ferrell

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Richard H. Taylor, Solicitor, Brunswick, for appellant.
    for defendant: Robert L. Crowe Lane & Crowe PC, Brunswick, for appellee.

    Case Number: A03A2431

    The arresting officer neither stopped, nor seized the defendant within the meaning of the Fourth Amendment when he initially approached her parked car at a gas station and asked for her driver's lic

  • Yates v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla v. Hinton, Assistant District Attorney, Covington, for appellee.

    Case Number: A03A1272

    Defendant's sentence requiring him to serve time in a probation detention center did not violate the constitutional prohibition on ex post facto laws, even though the sentencing statute in effect wh

  • Zwiren v. Thompson

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert P. Monyak, Anna B. Fretwell and Luca W. Andrews Love Willingham Peters Gilleland Monyak, Atlanta, for appellant.
    for defendant: . Jim N. Peterson Jr. Peterson & Harris, Atlanta, for appellee. Amicus Appellant: Thomas S. Carlock Carlock, Copeland, Semler & Stair LLP, Atlanta. Amicus Appellee: John S. Taylor Taylor, Harp & Callier, Columbus. Neutral amicus: Antoinette D. Johnson Boone & Stone, Atlanta, and William S. Stone Boone & Stone, Blakely.

    Case Number: S02G1063

    The trial court did not reversibly err in charging the jury that a medical malpractice plaintiff had to prove her case within a reasonable degree dical certainty, rather than a reasonable degre

  • Smith v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer and Elizabeth B. Reisman, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, Lisa A. Jones and Jennifer C. Bagwell, Assistant District Attorneys, Gainesville, for appellee.

    Case Number: S02A0595

    Hispanics were not underrepresented on Hall County's traverse jury list, despite a presumptively prejudicial 14.5 percent disparity between the 2000 Census and the master trial jury list, since only