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  • Raley v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ronnie J. Lane, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, and Minerva S. Cansino, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A99A2410

    Evidence that defendant understood the charges against him, filled out a pre-printed form and orally answered 31 questions about his waiver of rights and pled guilty despite being informed that the

  • Burnette v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant.
    for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee.
    Case Number: A99A2504, A99A2505

    Evidence that the state did not mail notice of trial to defendant's last known address as alleged in the indictment did not require his acquittal on bail jumping charges since defendant's attorney g

  • Smith v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Clyde M. Urquhart, Woodbine, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, for appellee.
    Case Number: A00A0123

    Defendant could be sentenced as a recidivist on his Georgia armed robbery conviction since his previous Florida convictions involved his robbing two victims while he held a shotgun and were serious

  • Imaging Sys. Int'l Inc. v. Magnetic Resonance Plus Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy D. Chambers and John W. Chambers Jr. Chambers, Chambers & Chambers, Atlanta, for appellant.
    for defendant: . Adam R. Gaslowitz, Timothy J. McGann and Walter Hamberg III Adam R. Gaslowitz & Assocs., Atlanta, for appellee.
    Case Number: A99A1774

    Plaintiff could not recover attorneys' fees in breach of contract suit under the contract's "prevailing party" fee provision, since it recovered no damages even though the trial court found that de

  • Baker v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, for appellee.
    Case Number: A99A2323

    Since the state could not locate the victim of defendant's previous child molestation, a police officer could testify that the then-13-year-old victim stated she and defendant engaged in sexual inte

  • In the Interest of J.B.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Hue Henry, Marie E. Bruce J. Hue Henry PC, Adrienne R. McFall and Kimberley S. Brown, Athens, for appellant.
    for defendant: John P. Cheeley Cheeley & King PC, Duluth, Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Barry N. McGough, Atlanta, and Christine A. Koehler, Lawrenceville.
    Case Number: A99A2365

    The trial court erred in treating its finding that children were deprived as part of the custody determination in parents' divorce proceeding, and in refusing to make separate, specific findings of

  • Hall v. Hall

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bruce R. Steinfeld Alembik, Fine & Callner PA, Atlanta, for appellant.
    for defendant: Paula R. Miller, Atlanta, for appellee.
    Case Number: A99A2294

    Father could not recover attorneys' fees under O.C.G.A. § 9-15-14 a in his petition to enforce his visitation rights, since mother's argument against the appointment of a guardian ad litem for the p

  • Davison v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael G. Lambros Boyce, Ekonomou & Atkinson, Atlanta, for appellant.
    for defendant: Richard R. Read, District Attorney, and Andrea M. Dyer Rockdale District Attorney's Office, Conyers, for appellee.
    Case Number: A99A2357

    Evidence that the defendant hit the victim in the face, called her the "c" word and grabbed her hair supported his simple battery convi

  • Smiley v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Luz F. Cloy, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Ann S. Williams, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A99A2337

    Defendant's prior tion of cocaine possession with intent to distribute constituted a prior tion of simple cocaine possession that triggered his sentencing as a recidivist on a subsequent

  • Waters v. Steak & Ale of Ga. Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Pattie J. Williams and O. Hale Almand Jr. Almand & Wiggins, Macon, for appellant.
    for defendant: David A. Handley and Dana M. Richens Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A99A1664

    Restaurant's kitchen employees were not acting within the scope of their employment when they assaulted plaintiff, since they had no responsibility for security or authority to use force on the pre