• Tucker v. State

    Publication Date: 2012-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David Butler, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Anna Cross District Attorney's Office, Marietta, for appellee.

    Case Number: A12A0575

    There was no substantial likelihood of irreparable misidentification from the witness's show-up identification of the defendant under the totality of the circumst

  • Henry v. State

    Publication Date: 2012-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Marnique W. Oliver, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.

    Case Number: A12A0686

    The trial court was not required to make an explicit finding of sufficient indicia of reliability before admitting the victim's out-of-court state

  • Baker v. State

    Publication Date: 2012-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jason Carnell David West & Assocs., Marietta, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.

    Case Number: A12A0632

    The trial court did not reversibly err in granting the state's motion in limine to exclude evidence relating to the defendant's knowledge of the victim's age, evidence as to whether the victim misle

  • Benford v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A12A0665

    The defendant's sentence of 30 years with a minimum of 12 years to serve on his guilty plea to cocaine trafficking was within statutory limitations, was not excessive and did not constitute cruel an

  • Whitman v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Rutledge Public Defender's Office, Rome, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Suhirjahaan Morehead District Attorney's Office, Rome, for appellee.

    Case Number: A12A0425

    Evidence of a pending charge admitted as similar transaction evidence in the defendant's trial for misdemeanor theft by receiving did not violate his Sixth Ame right to testify or his Fifth Am

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  • Lingo v. Smith

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A12A0712

    The trial court retained jurisdiction over the dispossessory proceeding because the defendant's petition for removal to federal court was unt

  • Schofill v. Phoebe Putney Health Sys. Inc.

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Mark Brimberry and William Carswell Brimberry, Kaplan & Brimberry PC, Albany, for appellant.
    for defendant: Joseph Durham and Lauren Brock Langley & Lee LLC, Albany, for appellee.

    Case Number: A12A0271

    O.C.G.A. § 9-11-9.1 e applies specifically to amended affidavits filed in response to a motion to dismiss based on defects in a previously filed affidavit, and gives the trial court discretion to ex

  • Windhom v. State

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Bearden, Macon, for appellant.
    for defendant: Gregory Winters, District Attorney, and Thomas Woody, Assistant District Attorney, Macon, for appellee.

    Case Number: A12A0309

    The trial court erred in failing to declare a mistrial after an investigating officer testified that the victim—and possibly the officers as well—believed that the armed robbers and the defendant a

  • Massey v. Wiebe

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael Warshauer and Darl Champion Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: . Matthew Coles Coles Barton LLP, Lawrenceville, for appellees.

    Case Number: A12A0183

    The trial judge's charge in response to the jury's question regarding the standard of care was responsive and did not over-emphasize the plaintiff's burden of proof, where the recharge twice stated

  • Arnold v. State

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Lisamarie Bristol Public Defender's Office, Monroe, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Walter Howard District Attorney's Office, Monroe, for appellee.

    Case Number: A12A0453

    The trial court did not err in denying the defendant's motion to suppress the drugs discovered during a search of the vehicle which the defendant