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  • Hood v. Spruill

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert J. Mottern, Tucker, for appellant.
    for defendant: . Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A00A0050

    Property buyers who admitted they were aware of roadway easement across the property at the time of purchase could not file a breach of warranty claim against the seller when they were sued for bloc

  • Martinez v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher T. Adams, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A99A1815

    Defendant waived his objection to detective's testimony since he merely raised an anticipatory objection before the detective took the stand and did not object at the time the detective test

  • In the Interest of D.M.H.

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Bobby G. Adkins Jr., Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso, Dennis R. Dunn, Assistant Attorneys General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: John P. Cheeley Cheeley & King PC, Duluth, William S. Hart, Joseph T. Justice Clark & Justice and Leopold B. Babin, Marietta.
    Case Number: A00A0234

    Evidence that a mother was homeless and abusing alcohol and drugs when she lost custody of her three children, that she had little contact with them and that currently she is unable to care for them

  • Kight v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David H. Jones King & King & Jones PC and William R. Wansker, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Assistant District Attorney, and Elizabeth A. Baker, Atlanta, for appellee.
    Case Number: A00A0424

    Parents' testimony that their 11-year-old daughters stated defendant molested them was admissible since there was no evidence that the girls were coached or threatened and the children testified and

  • Mintz v. Barlow

    Publication Date: 2000-02-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas E. Cauthorn III and Melissa J. M. Nohr Cauthorn & Assocs., Marietta, for appellant.
    for defendant: Robert E. Flournoy III, Marietta, Richard A. Newton and Robert W. Kamerschen Troutman Sanders, Atlanta, for appellee.
    Case Number: A99A1801

    Plaintiff presented no evidence that defendant secretly negotiated to sell his property and corporation at a profit to a third party before he agreed to purchase plaintiff's interests in the land an

  • Thelen v. State

    Publication Date: 2000-02-25
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Alfred L. King Jr., Jonesboro, for appellant.
    for defendant: Harry A. Osborne, Jonesboro, for appellee.
    Case Number: S99A1748

    County ordinance prohibiting unnecessary or unusual noise that annoys or disturbs someone within 50 feet is unconstitutionally vague since whether a violation occurs depends on the ear of the indivi

  • Smith v. State

    Publication Date: 2000-02-25
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor General, Jonesboro, for appellee.
    Case Number: S99G0903

    Hotel and lodging costs for state's out-of-state witnesses could not be imposed against defendant convicted o

  • Pace v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael Mears and Charlotta Norby, MultiCounty Public Defenders, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Peggy A. Katz, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Allison B. Goldberg, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, and Jeffrey Ertel Georgia Resource Ctr., Atlanta.
    Case Number: S99P0647

    Prosecutor's unprofessional reference to defendant during closing arguments as a "misogynistic, woman hating demon of the devil" and "Satan's lap dog" did not entitle defendant to a reversal of his

  • Boyle v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Anna Blitz, Lawrenceville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A0396

    The trial court properly struck a prospective juror who repeatedly stated that she could not be impartial given her negative experience with law enforc

  • Drane v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Billy I. Daughtry Jr., Elberton, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Allison B. Goldberg, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Atlanta, Thomas H. Dunn Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P1003

    Co-defendant's confession of his role in the crime to his cellmate was inadmissible hearsay since there was no evidence of the statement's trustworth