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  • Roberts v. State

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0663

    Defendant did not show that if defense counsel had subpoenaed his doctor, the doctor would have testified that defendant was suffering from mental confusion when he told the officer that he lent his

  • Haynes v. State

    Publication Date: 2000-06-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Virgil L. Brown, Eric D. Hearn, Bentley C. Adams III and Larkin M. Lee Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Robert Stokely, Solicitor General, Newnan, for appellee.
    Case Number: A00A0861

    The trial court's error in charging that the Intoxilyzer 5000's margin for error "did not diminish the evidentiary value of the test results" was harmless, given evidence that the defendant's blood-

  • Brown v. State

    Publication Date: 2000-06-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adrienne Regina McFall, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and William W. Tanner, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1181

    Evidence that defendant had a large amount of cash in specific denominations and ran from police supported his conviction for possession of cocaine with intent to distr

  • Bracewell v. State

    Publication Date: 2000-06-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: L. Branch Connelly, Bobby L. Cook and Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, for appellee.
    Case Number: A00A0247

    Defendant was prejudiced by defense counsel's failure to object to the charge that a defendant must show that ki the victim was an absolute necessity in order to justify the ki

  • Murray v. West Bldg. Materials of Ga.

    Publication Date: 2000-06-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas C. Shanahan and David R. Sweat Sweat & Giese PA, Athens, for appellant.
    for defendant: Karl M. Braun and Jason P. King Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    Case Number: A00A0243

    Evidence that the on which plaintiff fell did not meet building code requirements created a permissible inference that the store had knowledge of the hazardous

  • Law Journal Press | Digital Book

    Due Diligence in Business Transactions

    Authors: Gary M. Lawrence

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  • Howard v. State

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Elizabeth M. Grant Legal Aid & Defender Clinic, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and Henry R. Thompson, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1090

    The state's strikes against two black potential jurors were race neutral, since one strike was based on prosecutor's unfavorable experience with jurors who live where there is a lot of police activ

  • Barnes v. State

    Publication Date: 2000-06-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1137

    Before dismissing defendant's motion for an out-of-time appeal, the trial court should have determined whether the defendant or his attorney was responsible for failing to appeal defendant's felony

  • Cox v. State

    Publication Date: 2000-06-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rafe Banks III and Marc N. Cunat Banks, Stubbs & Neville LLP, Cumming, for appellant.
    for defendant: Phillip C. Smith, District Attorney, and Penny A. Penn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A00A0754

    The three vehicular homicide counts against defendant did not merge for sentencing purposes, even though they arose from a single incident of driving under the infl

  • Gibson v. State

    Publication Date: 2000-06-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Elisha W. Jernigan Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A0603

    The state did not have to prove which of the defendant gave a false name to because O.C.G.A. § 16-10-26 prohibits giving a false name to any of

  • Hill v. State

    Publication Date: 2000-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sam F. Little Little, Adams, Bates & Kelehear PC, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton.
    Case Number: A00A0735

    The defendant's failure to seek medical treatment for his 4-year-old son's severe burns, combined with his attempt to delay discovery of those burns by refusing to return the boy to his custodial mo