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  • Harmon v. State

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: James D. McDade, District Attorney, and Jeffrey M. Gore, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A06A0879

    The defendant was not in custody when he gave his statement, since he voluntarily accompanied officers to the police station, was never handcuffed and never asked to leave the unlocked interrogation

  • Williams v. City of Atlanta

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Noel L. Hurley and Tanis R. Miller The Georgia Law Group of Hurley LLC, East Point, for appellant.
    for defendant: Sewell K. Loggins and Brian J. Duva Mozley, Finlayson & Loggins LLP, for appellee.
    Case Number: A06A0366

    The city's inaction in mailing the plaintiff's negligence complaint to its insurer, but doing nothing to ensure that the insurer received it, did not constitute excusable neglect, which would author

  • Griffin Indus. Inc. v. Green

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: L. Lin Wood Jr., William V. Custer IV, Lean J. Knowlton, Katherine V. Hernacki, and Eric P. Schroeder Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: . Michael B. Terry, Steven J. Rosenwasser and Emmet J. Bondurant Bondurant, Mixson & Elmore, Atlanta, for appellees.
    Case Number: A06A1334

    The trial court's order granting class certification in the plaintiffs' nuisance suit failed to specify the findings of facts and conclusions of law, which the trial court used in determining wheth

  • In the Interest of S. K. K.

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Claudia J. Bolin, Darien, Robert H. Baer, Brunswick and Craig T. Pearson Public Defender's Office, Hinesville, for appellant.
    for defendant: . John T. Durden Jr., District Attorney, Claira E. Mitcham, Assistant District Attorney, and Angel L. Blair District Attorney's Office, Hinesville for appellee.
    Case Number: A06A1258

    Reasonable evidence authorized the juvenile court to believe that the juveniles committed the delinquent acts of arson, attempted murder and criminal trespass to authorize the transfer of their case

  • Rowe v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, and Corey T. Bowles District Attorney's Office, Atlanta, for appellee.
    Case Number: A06A1286

    The jury was authorized to disbelieve the defendant's self-serving testimony that he shot a warning shot at the victim, which ricocheted, before hitting the victim in the

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • In the Interest of M. A.

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and T. Michael Flinn, Carrollton, for appellee.
    Case Number: A06A1271

    The clear and convincing evidence did not show the mother's present misconduct or inability, since she substantially complied with her case plan and she indicated that she was willing to have her bo

  • Lawson v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Patrick H. Head, District Attorney, Charles P. Boring and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A06A0979

    Child molestation and aggravated child molestation defendant was not entitled to a new trial after a bailiff responded, "No, ma'am," when a juror asked if someone could get a sketch of the layout of

  • Brown v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Tony L. Axam Axam, Adams & Secret PA, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Charles R. Sheppard and Rebecca A. Wright, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A06A1399

    The plain error doctrine is limited to capital cases and criminal cases in which the trial judge allegedly intimates an opinion of the defendant's

  • Northlake Med. Ctr. LLC v. Queen

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel S. Reinhardt, Michael E. Johnson Troutman Sanders LLP, Alan M. Maxwell and John M. Hawkins Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Richard Kopelman Kopelman Law Group PC, Robert L. Goldstucker and Benjamin S. Persons IV Nall & Miller LLP, Atlanta, for appellee. Other party representation: Allen S. Willingham, Robert P. Monyak Love, Willingham, Peters Gilleland & Monyak LLP, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0540

    HIPAA preempts the medical record release requirement of O.C.G.A. § 9-1

  • All Fleet Refinishing Inc. v. West Ga. Nat'l Bank

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: H. L. Cromartie III, Rome, for appellant.
    for defendant: . Richard L. Robbins and Andrew W. Broy Sutherland, Asbill & Brennan LLP, Atlanta, for appellee.
    Case Number: A06A0825

    The trial court did not err in failing to consider deposition transcripts, which the debtor admittedly did not file until after the trial court ruled on the creditor's motion for summary jud