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  • State v. Tucker

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kenneth B. Hodges III, District Attorney, and Anthony C.L. Hing, Special Assistant District Attorney, Albany, for appellant.
    for defendant: Reginald J.R. Bell Jr. and Mark L. Pickett Donaldson, Bell & Pickett PC, Albany, for appellee.
    Case Number: A00A0256

    Reliable confidential informant's tip giving specific details about defendant's transport of drugs that were corroborated by police officers' observations provided sufficient probable cause for sear

  • Deal v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A00A0374

    Under the Child Hearsay Statute, fathers of defendant's previous child molestation victims could testify about the victims' claims that defendant molested

  • Crisp Area Y.M.C.A. v. NationsBank NA, Ex'r

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lawrence W. Roberts and David N. Rainwater Roberts, Rainwater & Ingram LLP, Cordele, for appellant.
    for defendant: G. Russell Wright Wright, Hyman & Pack PC, Clifford W. Harpe Jr., Cordele, James H. Moore III, Edgar W. Duskin Jr. Moore, Clarke, Duvall & Rodgers PC, and A. Lee Hayes, Albany, for appellees.
    Case Number: S99A1630

    Since the city YMCA was already inactive when testator executed his will, his intent to leave the organization $100,000 was clear and the doctrine of cy pres did not apply to transfer the bequest to

  • 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:
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    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