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Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Phipps, Herbert E. Attorneys:For plaintiff: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellant. for defendant: Suellen Fleming, Jonesboro, for appellee. Case Number: A99A2133
The fact that defendant paid cash for a one-way ticket from Miami to Atlanta, gave inconsistent answers and was nervous when approached by drug enforcement agents and had a roll of plastic wrap in h
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Phipps, Herbert E. Attorneys:For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. for defendant: J. Tom Morgan III, District Attorney, and Maria Murcier-Ashley, Assistant District Attorney, Decatur, for appellee. Case Number: A00A0276
Defendant was not entitled to a jury charge on theft by receiving stolen property since that crime is not a lesser included offense of armed robbery and the evidence did not show that he merely rece
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:McMurray, William Leroy Attorneys:For plaintiff: Michael L. Wetzel, Stone Mountain, for appellant. for defendant: Kirby G. Bailey, Decatur, for appellees. Other party representation: Horace J. Johnson Jr. Johnson, Freeman & Perkins-Hooker LLC, and Reed Edmondson Jr. Reed Edmondson Jr. PC, Covington. Case Number: A00A0421
Pawnbroker should not have repossessed vehicle pledged as collateral from third party who purchased it without knowledge that the pawnbroker had any interest in it, since the pawnbroker failed to re
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Andrews, Gary Blaylock Attorneys:For plaintiff: Patrick C. Cork Cork & Cork, Valdosta, for appellant. for defendant: J. David Miller, District Attorney, and Jennifer A. Thomas, Assistant District Attorney, Valdosta, for appellee. Case Number: A99A2049
The fact that defendant entered an apartment after a police officer ordered him not to did not support his criminal trespass conviction, since the police officer was not the owner or lawful occupant
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Ruffin, John H. Attorneys:For plaintiff: Paul J. Oeland IV, Public Defender, Conyers, for appellant. for defendant: Richard R. Read, District Attorney, Robert G. Mikell, Assistant District Attorney, and Mirza Q.A. Baig, Conyers, for appellee. Case Number: A99A2001
Juror did not have to be stricken for cause merely because she had strong feelings against people who drink and drive, since she said she could render a fair and impartial verdict on defendant's DUI
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Andrews, Gary Blaylock Attorneys:For plaintiff: Lynn M. Friedewald, Public Defender, Decatur, for appellant. for defendant: J. Tom Morgan III, District Attorney, Jeanne M. Canavan, Maria Murcier-Ashley and Thomas S. Clegg, Assistant District Attorneys, Decatur, for appellee. Case Number: A99A1740
Evidence that defendant led his rape victim between the rooms of her house with his hand tightly around her neck and that she had bruises on her neck supported his conviction for kidnapping with bod
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Miller, M. Yvette Attorneys:For plaintiff: E. Wycliffe Orr and Kristine E. Orr Orr & Orr, Gainesville, for appellant. for defendant: . John G. Skinner Arnold & Anderson, Atlanta, for appellee. Case Number: A99A1871
Employer did not engage in outrageous and egregious conduct by giving an employee an extremely harsh job evaluation on the day he returned from his six-week medical leave for psychiatric
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Barnes, Anne Elizabeth Attorneys:For plaintiff: William L. Jones, LaGrange, for appellant. for defendant: Peter J. Skandalakis, District Attorney, and Louis J. Kirby, Solicitor General, LaGrange, for appellee. Case Number: A99A1783
Detectives' testimony did not establish venue, since they gave only the name of the street where they investigated the juvenile defendant's fight and not the name of the city or county where it was
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Phipps, Herbert E. Attorneys:For plaintiff: Monique D. Moyse, Atlanta, for appellant. for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Assistant District Attorney, Atlanta, for appellee. Case Number: A99A2464
After its witness recanted his pretrial statement inculpating defendant, the state improperly attempted to bolster his pretrial credibility by showing that he truthfully inculpated other defendants
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Eldridge, Frank M. Attorneys:For plaintiff: Albert L. Norton Jr. and Sherrod J. Waites II Hipes & Norton PC, Norcross, for appellant. for defendant: William E. Turnipseed Savell & Williams, Atlanta, for appellee. Case Number: A00A0268
Parties' agreement for defendant's use of telephone equ installed by plaintiff was a lease, not a secured transaction, since it clearly stated that defendant had no property interest in the eq