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  • Waters v. Steak & Ale of Ga. Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Pattie J. Williams and O. Hale Almand Jr. Almand & Wiggins, Macon, for appellant.
    for defendant: David A. Handley and Dana M. Richens Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A99A1664

    Restaurant's kitchen employees were not acting within the scope of their employment when they assaulted plaintiff, since they had no responsibility for security or authority to use force on the pre

  • Lovelace v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Verda M. Andrews-Stroud, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2371

    Defendant was not harmed by variance between indictment's allegation that assault occurred on November 5 and evidence showing it occurred late at night on November 4 since he presented alibi evidenc

  • Benson v. Carter

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2083

    Pursuant to an agreement settling teacher's threatened wrongful termination suit, school board could decide not to renew her contract before she obtained tenure without showing cause for its dec

  • Cromartie v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2167

    Defense counsel did not have to "prepare" defendant's wife for her rebuttal test by convincing her to change her version of events that contradicted defendant's direct test

  • Lee v. American Cent. Ins. Co.

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A1378, A99A1379

    Vacating its previous decision, the Court of Appeals now holds that insurer cannot be liable for failing to add property owner to tenant's policy since owner received a copy of the policy and the mi

  • Vedder v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2438

    The defendant's demand for a speedy trial was not effective because he filed it in municipal

  • Maxwell v. Cronan

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Carl A. Puls Jr. Hartley & Puls, Kathy E. Jarman, Decatur, and Andrew W. Estes, Sylva, N.C., for appellant.
    for defendant: E. Wycliffe Orr, Gainesville, William K. Campbell, Covington, James T. Budd and William R. Youngblood Chambers, Mabry, McClelland & Brooks, Atlanta, for appellees.
    Case Number: A99A1404, A99A1405

    Plaintiff's complaint allegation that school board waived its sovereign immunity to the extent of any existing automobile liability coverage was sufficient to place the burden on the school board t

  • Parks v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sarina J. Woods, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A2084

    Evidence that the victim took AZT to prevent transmission of AIDS virus after she was raped was admissible to show she would not have consented to unprotected sex with the HIV-positive defe

  • Miller v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark S. Martin, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and A. James Rockefeller, Assistant District Attorney, Perry, for appellee.
    Case Number: A99A1710

    The fact that defendant was 18 years old, had not hired an attorney and had only one day to consider the state's plea offer did not make his guilty plea to burglary and robbery charges involu

  • Horton v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A1225

    The trial court should have considered defendant for first offender treatment since he committed armed robbery before the legislature barred application of the First Offender Act to defendants convi