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  • Graham v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Emmett J. Arnold, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2301

    Defendant was not entitled to an equal access charge regarding drugs found in his co-defendant's truck since the court did not charge that he was presumed to possess the drugs merely because he was

  • Hall v. J. H. Harvey Co.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herbie L. Solomon, Albany, for appellant.
    for defendant: Carl G. Fulp III and Robert M. Clyatt Clyatt, Clyatt & DeVaughn, Valdosta, for appellee.
    Case Number: A99A2461

    Because the plaintiff actually saw a box on the floor in front of her cart and walked around it to pick up a carton of butter, she could not recover for the injuries she sustained when she slipped

  • Howard v. Gourmet Concepts Ntl. Inc.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Steven L. Beard, Marietta, for appellant.
    for defendant: Henry L. Pruett Swift, Currie, McGhee & Hiers, Atlanta, for Gourmet Concepts and Atlanta Scapes. Bernard Knight, Daniel S. Digby, Assistant County Attorneys, and Elizabeth T. Marinelli DeKalb County Law Dep't, Decatur, for DeKalb County. Other party representation: Clyde E. Rickard III Chambers, Mabry, McClelland & Brooks, R. Phillip Shinall III, Daryl G. Clarida Holland & Knight LLP, Christopher E. Penna, Derek A. Mendicino Johnson, Kayne & Penna PC, Sabrina K. Bozeman and George H. Connell Jr., Atlanta.
    Case Number: A00A0450, A00A0451

    Even if the defendants' trees and shrubbery obstructed the road, they did not contribute to the accident between the plaintiff and a driver who crossed the centerline while spe

  • Collins v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: William P. Nash Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, for appellee.
    Case Number: A00A0832

    Circumstantial evidence showing the defendant committed the burglaries was not so overwhelming as to render the trial court's error in admitting the non-testifying co-defendant's out-of-court statem

  • Black v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A1886

    The detective's testimony about setting up and observing a controlled buy and later finding a marked $100 bill and some cocaine in the defendant's car corroborated the testimony of the defendant's a

  • Nairon v. Land

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary C. Harris, Clayton, for appellant.
    for defendant: James G. Killough Zimmerman & Assocs., Atlanta, for appellees. Other party representation: Shelby A. Outlaw The Outlaw Firm, Decatur.
    Case Number: A99A2042

    The plaintiff could not sue the defendants for intentional or negligent infliction of emotional distress based on their filing an abusive lawsuit against him, since the abusive litigation statute p

  • Amos v. City of Butler

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert D. McCullers and Kevin T. Brown Sell & Melton LLP, Macon, for appellant.
    for defendant: . Thomas F. Richardson and John J. Makowski Chambless, Higdon & Carson, Macon, for appellee.
    Case Number: A00A0311

    When the city turned the plaintiffs' water back on after installing a new water meter, it could not have known that the plaintiffs failed to install a secondary shut-off valve as required by city or

  • State v. Smith

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellant.
    for defendant: James W. Bradley, Jonesboro, for appellee.
    Case Number: A99A1658

    The state could not prosecute the defendant under a 1998 multiple-count indictment alleging that he molested his 14-year-old daughter in 1989 since those crimes were subject to a 7-year statute of l

  • Jones v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George 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: A99A2193

    Although defendant denied hitting or struggling with officers who tried to question him about his outstanding felony warrants, the evidence showed that one officer lost several teeth and needed stit

  • In the Interest of A.B.S.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Edward T.M. Garland and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A0549

    Even though the juvenile used his fingernails to scratch an "X" from his shoulders to his waist in response to discipline at the detention center, he was not committable because medication controlle