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  • Beaman v. City of Peachtree City

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joseph J. Saia Saia, Richardson & Meinken, Peachtree City, and Lloyd W. Walker, Fayetteville, for appellant.
    for defendant: Richard P. Lindsey, Christy R. Jindra and Martin C. Jones Webb, Stuckey & Lindsey LLC, Peachtree City, for appellee.
    Case Number: A02A0003

    A uniform traffic citation issued to defendant functioned as a valid summons or citation requiring her to appear in court and answer a charge of underage possession of alcohol in violation of a muni

  • Willett v. Russell M. Stookey PC

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald E. Dyches Jr., Savannah, for appellant.
    for defendant: Michael J. Hannan III Love & Willingham, Atlanta, Inman G. Hodges Oliver, Maner & Gray, Ryburn C. Ratterree and Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.
    Case Number: A02A0817; A02A1214

    The trial court reversibly erred in allowing the defense to bolster its impeachment of plaintiff by introducing prejudicial and irrelevant details of his prior c

  • Cotton States Mut. Ins. Co. v. Phillips

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jay C. Traynham and John E. Hall IV Hall, Bloch, Garland & Meyer, Macon, for appellant.
    for defendant: Other party representation: William V. Evans, Douglas.
    Case Number: A02A0337

    Although lack-of-notice exclusions are enforceable against a third party when that party has access to other insurance, the evidence did not establish the availability of other insurance in this

  • Blouin v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael A. Zoffman, Atlanta, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Irvan A. Pearlberg and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0600

    The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility

  • Johnson v. State

    Publication Date: 2002-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer & Lorberbaum PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Jerome M. Rothschild Jr., Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0793

    The trial court properly admitted evidence that the defendant's father attempted to influence the victim's testimony to show consciousness of guilt by co

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  • Klaub v. State

    Publication Date: 2002-05-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John R. Mayer, Public Defender, and Anthony C. Procacci, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Rhonda B. Rusnak and Amira S. AbuBakr, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A01A2520

    Conviction for vehicular homicide through the commission of reckless driving reversed since the state failed to prove the manner in which the defendant drove the car that hit and killed the v

  • Volkswagen of Am. Inc. v. Gentry

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ronald D. Reemsnyder, Laura W. Tate Welch, Spell, Reemsnyder, Pless & Davis PC, Byron Attridge, Chilton D. Varner and Amy M. Power King & Spaulding, Atlanta, for appellant.
    for defendant: . Timothy Morrison, Wade H. Tomlinson III Pope, McGlamry, Kilpatrick & Morrison, Hezekiah Sistrunk Jr. Sistrunk & Assocs., Charles N. Pope, Atlanta, James E. Carter Carter & Tate LLP, Savannah, and William J. Cornwell, Boca Raton, Fla., for appellees.
    Case Number: A01A2264

    The Court of Appeals' ruling that federal law preempted the plaintiffs' complaint that Volks s failure to include a lap belt was a design defect did not preclude plaintiff's assertion that Volk

  • Atlanta Orthopedic Surgeons v. Adams

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Alexander H. Booth and Culley C. Carson IV Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . David G. Adams, Savannah, proceeded pro se.
    Case Number: A01A2362

    The trial court erred in failing to grant dismissal of the plaintiff's appeal of his medical malpractice action since the plaintiff's actions in causing three year and four month delay in filing of

  • Montford v. State

    Publication Date: 2002-04-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robert S. McPhail, Butler, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A01A2207

    The defendant's conviction for aggravated assault on a police officer reversed since there was no evidence that the defendant intended to hit officer's patrol car despite evidence that defendant was

  • In re Longino

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: John T. Longino, Ellijay, for appellant.
    for defendant: Charles L. Daniel III and James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton, for appellee.
    Case Number: A01A2067

    An attorney's intentional introduction of evidence in contravention of the trial court's ruling on a motion in limine was contemp