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  • Allen v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A07A0809

    The defendant did not abandon his criminal purpose with regard to the attempted rape when he discovered that the assault victim was menstruating, since the defendant choose instead to have the victi

  • The Cincinnati Ins. Co. v. Magnolia Estates Inc.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert S. Carpenter Nall & Miller LLP, Atlanta, for appellant.
    for defendant: William D. Healan Jr. William D. Healan III Healan Law Offices, Winder, J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellees. Other party representation: Michael G. Kam, Brian D. Lewis and Emily C. Gross Kam & Ebersbach PC, Newnan.
    Case Number: A07A0103

    A resident in a personal care home's intentional attack of another resident was an accident for the purposes of an insurance policy's coverage, since the insured did not foresee, expect or desi

  • In the Interest of C. T.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Rodney Q. Quarles, Chatsworth, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Cynthia N. Johnson, Cohutta, for appellee.
    Case Number: A07A0218

    The termination of the mother's parental rights to her four children reversed as the record showed that the mother completed virtually all of her case plan and the shortcomings in meeting othe

  • State v. McClendon

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Michelle L. Homier Public Defender's Office, Atlanta, for appellee.
    Case Number: A07A0545

    The sate's failure to file an enumeration of error precluded appellate review of the grant of the defendant's motion to suppress the drugs seized fro

  • Keller v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald W. Keller, Woodstock, proceeded pro se. David L. Cannon Jr., Solicitor General, and David M. McElyea Solicitor's Office, Canton, for appellee.
    for defendant:
    Case Number: A07A0754

    The defendant was not in-custody for Miranda purposes when the officer asked him to step out of his vehicle, did not return his license, told him he could not drive in his condition and asked him to

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Kendall Supply Inc. v. Pearson Communities Inc.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Russell T. Bryant, Lawrenceville, for appellant.
    for defendant: Fred D. Bentley Jr., Marietta, for appellees,
    Case Number: A07A0588

    The plaintiff could not collect on his judgment for a materialman's lien, since he failed to pay the proper filing fees within 14 days of initiating his suit as O.C.G.A. § 15-6-77 f 1 A req

  • Fischer v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, and Susan A. Beck District Attorney's Office, Gainesville, for appellee.
    Case Number: A07A0656

    The Court vacated the denial of the defen motion to dismiss his criminal charges and remanded his case, due to a lack of competent evidence explaining the nearly 4-year delay between the defe

  • Stewart v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jonathan D. Aurelia, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jeanette F. Shaw, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A07A0676

    Language in the defendant's sentence purporting to designate a place of confinement was mere surpl

  • Jennings v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: David B. Dennison Bouhan, Williams & Levy LLP, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A07A0478

    The victim's and a detective's testimony that the victim provided the defendant's name to authorities did not violate the defendant's right to confront and cross-examine witnesses, since it was not

  • Bennett v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Nathanael A. Horsley, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Lindsay H. Burton, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: A07A0771

    The officer unreasonably detained the defendant to wait for another officer to bring a written warning book, since the officer was authorized to give the defendant a verbal warning for a purported