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Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Miller, M. Yvette Attorneys:For plaintiff: Stephen T. Smith, Fayetteville, for appellant. for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee. Case Number: A99A2110
Before sentencing defendant as a recidivist, the trial court should have determined whether his five prior out-of-state felony convictions were for conduct that would have constituted felonies in Ge
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Miller, M. Yvette Attorneys:For plaintiff: Jerome C. McKee, Public Defender, Decatur, for appellant. for defendant: J. Tom Morgan III, District Attorney, Benjamin M. First, Special Assistant District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee. Case Number: A99A2275
Evidence that office manager issued over $50,000 in unauthorized checks from her employer's account made out to herself, her cousin and her fianc supported her convictions on 31 counts of fo
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:Andrews, Gary Blaylock Attorneys:For plaintiff: Michael R. McCarthy, Dalton, for appellant. for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee. Case Number: A98A1672
The Court of Appeals adopted the Supreme Court's judgment that defendant's aggravated sodomy conviction should be vacated since the state presented no evidence that he used force to commit sodomy ag
Publication Date: 2000-03-03 Practice Area: Industry: Court:Court of Appeals Judge:McMurray, William Leroy Attorneys:For plaintiff: John T. Tracy, Albany, for appellant. for defendant: J. Brown Moseley, District Attorney, and Victoria Spear-Darrisaw, Assistant District Attorney, Bainbridge, for appellee. Case Number: A00A0605
Informant's testimony that he discovered defendant was selling cocaine out of his home was admissible to show the circumstances leading to defendant's a
Publication Date: 2000-03-03 Practice Area: Industry: Court:Supreme Court Judge:Hunstein, Carol W. Attorneys:For plaintiff: Jennifer N. Foster, Atlanta, for appellant. for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker and David E. Langford, Assistant District Attorneys, Atlanta, for appellee. Amicus appellants: James C. Bonner Jr. Georgia Indigent Defense Council and Michael Mears Multicounty Public Defender, Atlanta. Case Number: S99G0759
Trial courts have discretion to admit expert testimony regarding the reliability of an eyewitness's identific
Publication Date: 2000-02-25 Practice Area: Industry: Court:Court of Appeals Judge:McMurray, William Leroy Attorneys:For plaintiff: for defendant: Case Number: A00A0143, A00A0144
Creditors of joint venture's individual members could place liens against joint venture's property, since deed conveying property to joint venture did not state that a partnership interest ex
Publication Date: 2000-02-25 Practice Area: Industry: Court:Supreme Court Judge:Benham, Robert Attorneys:For plaintiff: for defendant: Case Number: S99A1718, S99A1721
Defendant's booking photograph was admissible since he had changed his appearance dramatically since the murder and witnesses had difficulty identifyin
Publication Date: 2000-02-25 Practice Area: Industry: Court:Court of Appeals Judge:Pope, Marion T. Attorneys:For plaintiff: Peter D. Johnson, Augusta, for appellant. for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee. Case Number: A99A1824
The trial court should not have charged that the jury did not have to believe incredible, impossible or inherently improbable testimony, since defendant's claimed alibi was not impossible as running
Publication Date: 2000-02-25 Practice Area: Industry: Court:Court of Appeals Judge:Johnson, Edward H. Attorneys:For plaintiff: Rodney L. Mathis, Calhoun, for appellant. for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Rebecca B. Paris, Assistant District Attorney, Calhoun, for appellee. Case Number: A00A0189, A00A0190
The trial court properly denied a continuance to defendant who waited until the Saturday before trial to try to hire an att
Publication Date: 2000-02-25 Practice Area: Industry: Court:Supreme Court Judge:Hines, P. Harris Attorneys:For plaintiff: Robert G. Nardone, Avondale Estates, for appellant. for defendant: Shelby A. Outlaw The Outlaw Firm, Decatur, for appellee. Case Number: S99A1459
Parties' divorce decree required that defendant pay premiums to maintain his ex-wife's health insurance coverage at a level as close as possible to what she had under defendant's policy during their