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  • Gomez v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, Tifton, for appellee.
    Case Number: A10A0716

    The defendant's statement was admissible, despite the state's failure to produce it 10 days prior to trial, as required under O.C.G.A. § 17-16-4, since Georgia law grants courts broad discretion in

  • State v. Tan

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Rosanna M. Szabo, Solicitor General, and Lisa M. Moultrie, Assistant Solicitor General Lawrenceville, for appellant.
    for defendant: Norman H. Cuadra, Lawrenceville, for appellee.
    Case Number: A10A0687

    An Intoxilyzer printout showing an insufficient sample, and thus no results, does not fall within the meaning of a scientific report subject to discovery under OCGA § 17-

  • Northwest Plaza LLC MI v. Northeast Enters Inc.

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Steven A. Suna Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for Northwest Plaza LLC. Tom Pye, Norcross, for Northeast Enters. Inc.
    for defendant:
    Case Number: A10A0528, A10A0529

    A jury question remains as to whether the defendants attempted to conceal a commercial tenant's true financial status, prior to cl

  • State v. Ivory

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellant.
    for defendant: James W. Bryant, Public Defender's Office, Atlanta, for appellee.
    Case Number: A10A0659

    The three years and nine months delay violated the defendant's right to a speedy trial under the circumst

  • Sommers Oil Co. v. Georgia Dep't of Agriculture

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Kathryn H. Pinckney and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and G. Michael Banick, Assistant Attorney General, Atlanta, for appellee. Other party representation: C. Deen Strickland, Waycross, and Franklin D. Rozier Jr., Blackshear.
    Case Number: A10A0787

    The Department of Agriculture was immune from suit, under both the inspection and licensing exceptions to the Georgia Tort Claims Act, in an alleged pump-rigging scheme, since the essence of the cl

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • In the Interest of A. P. S.

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barbara K. Nye and Ali-Reza P. Ghanouni, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Jay G. Wall, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A0069

    The juvenile court lacked jurisdiction over the appellant's prosecution for possessing marijuana, since the appellant tuned 17 ' "at the first moment of the day prior to the anniversary of his birth

  • Sweet v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Patrick H. Head, District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A10A0376

    The evidence showed that the victim heard the sound of the cash register drawer opening and suspected that the defendant took money from the register before he completed the robbery by sudden snat

  • Moreland v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Graylin C. Ward, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and John M. Caldwell District Attorney's Office, Carrollton, for appellee.
    Case Number: A10A0047

    The state did not violate Georgia's bribery statute when it offered two confidential informants leniency and paid one of the informants cash in exchange for their participation in controlled buys of

  • Ward v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta. Kermit N. McManus, District Attorney, and Susan L. Franklin, Assistant District Attorney, Dalton, for appellee.
    for defendant:
    Case Number: A10A0184

    Defense counsel was deficient for failing to object to several aspects of the accomplice's recorded interview, since the statements in question constituted inadmissible hearsay, which linked defenda

  • Avery Enters. Inc. v. Lyndhurst Builders LLC

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert P. McFarland Sr. McFarland & McFarland PC, Cumming, for appellant.
    for defendant: Barry A. Lee Clark & Clark, Ellijay, for appellee.
    Case Number: A10A0617

    The trial court erred in ruling that the applicable 4-year statute of limitation barred the plaintiff's suit on an ac