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Publication Date: 2002-03-01
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Christopher J. McFadden, Decatur, and Tad D. Ransopher Ransopher & Tedrick LLP, Alpharetta, for appellant.
for defendant: Nimesh B. Patel and Kevin L. Ward Schulten, Ward & Turner, Atlanta, for appellee.
Case Number: A01A1876
The self-contradictory testimony rule does not apply to unsworn state
Publication Date: 2002-02-15
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Robert B. Remar, Ashley R. Hurst Rogers & Hardin LLP, Atlanta, and G. Phillip Beggs Moore, Ingram, Johnson & Steele LLP, Marietta, for appellant.
for defendant: Mark A. Kelley and Stephen V. Kern Kitchens Kelley Gaynes PC, Atlanta, for appellees.
Case Number: A01A2321
Noncompete clauses in four defendants' employment agreements were unenforceable because they failed to specifically identify the restricted terr
Publication Date: 2002-02-08
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Robert L. Ferguson, Blue Ridge, for appellant.
for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee.
Case Number: A01A1983
Defendant's conviction for hijacking a motor vehicle could not stand because defendant used his hands to pull the victim out of her car, rather than committing the crime while in possession of a fir
Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: William M. Peterson Grantham & Peterson, Warner Robins, for appellant.
for defendant: Kelly R. Burke, District Attorney, Perry, for appellee.
Case Number: A01A2157
Defendant's claims of ineffective assistance of counsel were directly related to his own actions in firing his court appointed counsel, insisting on proceeding pro se for a period of five months, th
Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Carla J. Friend, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellee.
Case Number: A01A2300
Similar transaction evidence of prior sexual contact between the defendant and the 12-year-old victim was admissible to show defendant's lustful intent and to corroborate the victim's test
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Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, and Stephen A. Fern, Assistant Solicitor, Lawrenceville, for appellant.
for defendant: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellee.
Case Number: A01A1651
The trial court erred in excluding evidence that defendant refused the on-the-scene alco-sensor test since the officer's statement that he could have an attorney after he was arrested and taken to j
Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
Case Number: A01A1685
A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r
Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Theodore Freeman, Dana K. Maine Feeman, Mathis & Gray, Atlanta, and John D. Thalhimer, Staff Attorney, Marietta, for appellant.
for defendant: . James S. Teague Brockman & Teague LLC, Cumming, and Joel L. Larkin Sams & Larkin, Marietta, for appellee.
Case Number: A01A0265
The county's failure to make the zoning of plaintiff's property expressly conditional on co ce with his plan to build an assisted living facility prevented the county from insisting on strict c
Publication Date: 2002-02-08
Practice Area:
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Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Debra G. Gomez, Macon, for appellant.
for defendant: Howard Z. Simms, District Attorney, and Myra H. Kline, Assistant District Attorney, Macon, for appellee.
Case Number: A01A1941
The state did not violate Batson by striking a prospective juror who had her eyes closed throughout voir dire and expressed no interest in the
Publication Date: 2002-02-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Miller, M. Yvette
Attorneys: For plaintiff: Adrian F. Lanser, Cartersville, for appellant.
for defendant: Douglas D. Slade, Rome, Mathew D. Staver, Erik W. Stanley and Joel L. Oster, Longwood, for appellee. Other party representation: Gerald R. Weber, Robert L. Tsai ACLU of Georgia, Matthew A. Coles, Kenneth Y. Choe American Civil Liberties Union, New York, N.Y., Stephen R. Scarborough Lambda Legal Defense & Education Fund, Atlanta, Robert D. McCullers, Macon, Curtis J. Dickinson, Carmel, Garnett Harrison, St. Marys, Terry L. Lloyd McGarity & Lloyd, Lawrenceville, Jennifer L. Levi Gay & Lesbian Advocates & Defenders, Boston, Mass., Shannon Minter National Ctr. Of Lesbian Rights, San Francisco, Calif., Steven W. Fitschen, Virginia Beach, Va., William C. Duncan, and David O. Coolidge, Washington, D.C.
Case Number: A01A1827
The State of Georgia prohibits same sex marriages and Georgia is not required to give full faith and credit to same sex marriages of other s
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