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  • Fortune v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Kimberly A. Gallant, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0224

    Chemical field tests of suspected cocaine have been widely accepted in Georgia c

  • Towry v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: M. Paul Reynolds The Weathington Firm, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and James A. Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A10A0293

    Trial counsel was not deficient for failing to make a meritless objection to a child therapist's testimony that the therapist did not get any indication that the victim was co

  • State v. Parke

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellant.
    for defendant: Lee Sexton Sexton & Morris PC, Stockbridge, for appellee.
    Case Number: A10A0089

    The evidence supported the trial court's conclusion that the officer lacked sufficient articulable suspicion to conduct a stop on grounds that the defendant impeded the flow of traffic in violation

  • Grimes v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Steven A. Miller Public Defender's Office, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A10A0156

    The Court remanded the defendant's case for further consideration in light of Arizona v. Gant, __U.S.__ 129 SC 1710 2009, which limited the search-incident-to-arrest exception for automobiles, beca

  • Coats v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Todd M. Johnson Johnson Law PC, Cohutta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Elizabeth M. York, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A10A0369

    The trial court did not err in not granting a continuance for the defendant to find replacement counsel for his court-appointed counsel, because the defendant abandoned his motion and failed to exer

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    Chester County Court Rules 2024

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  • Thackston v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven A. Cook, Marietta, for appellant.
    for defendant: James D. McDade, District Attorney, and Thomas E. Kegley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A09A2060

    Collateral estoppel precluded the state from relitigating the legality of the searches leading to the methamphetamine seized from the defendant's person and home, because the trial court fully heard

  • Baker v. Harcon Inc.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Warner R. Wilson Jr. Wilson & Epstein, Atlanta, for appellant.
    for defendant: . Korey M. Carter, Michael J. Rust Gray, Rust, St. Amand, Moffett & Brieske and Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, for appellee.
    Case Number: A09A2398

    The Court rejected a subcontractor's assumption of the risk argument, because it was unclear whether the plaintiff fully appreciated the risk which caused his i

  • Sosebee v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael R. McCarthy, Circuit Public Defender, and Benjamin D. Goldberg, Assistant Public Defender, Dalton, for appellant. Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    for defendant:
    Case Number: A09A2282

    The trial court erred in denying the defendant's motion to suppress, because the state failed to produce evidence that the search of the defendant's hotel room, which uncovered a firearm, was conduc

  • Hooks v. Humphries

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James L. Ford Sr. Ford & Barnhart LLP, Atlanta, for appellant.
    for defendant: . W. Earl McCall and Henry E. Williams McCall, Williams, Wilmot & Powell LLC, Albany, for appellees.
    Case Number: A09A1694

    The trial court did not err in granting a doctor's motion for partial summary judgment on the plaintiff's breach of fiduciary duty claim, because the doctor had no duty to disclose to the plaintiffs

  • Crewey v. American Medical Response of Ga. Inc.

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Irwin M. Ellerin Ellerin and Assocs., Atlanta, for appellant.
    for defendant: . Patricia M. Peters Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A09A1693

    The trial court erred in granting summary judgment to the defendant based on immunity under O.C.G.A. § 31-11-8 did not apply, since that section covers em y care and defendant did not provide e