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  • Rubaldino v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William B. Barnwell Avrett, Ponder & Withrock, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A04A1715

    The fact that the room the def entered with the intention of assaulting the victim was under the authority of someone other than the individual listed in the indictment did not mislead the de

  • Kirsche v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: George H. Law III Whitmer & Law, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A04A1949

    No exigent circumstances authorized officers to enter the defendant's backyard in response to a domestic

  • Washington v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William P. Nash Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, for appellee.
    Case Number: A04A2369

    The defendant's convictions for malicious confinement and false swearing did not merge as a matter of fact since ample evidence supported each distinct element of those c

  • State v. Allen

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barry E. Morgan, Cobb Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, Nell A. Pedigo, Assistant Solicitor, Marietta, for appellant.
    for defendant: Victor P. Valmus Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A04A2128

    The officer's conduct in securing the defendant's consent to a state-administered breath test and her initial equivocation was fair and reaso

  • Burnette v. Brown

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Weymon H. Forrester Forrester & Brim, Gainesville, and Michael D. Birchmore, Blue Ridge, for appellant.
    for defendant: . Wesley Williams, Blairsville, for appellee.
    Case Number: A04A2142

    It was for the jury to decide whether defendant's bond forfeiture should be treated as admission of wrongdoing, where the defendant's husband allegedly paid the ticket for failure to maintain lane

  • Law Journal Press | Digital Book

    Reinsurance Law: An Analytic Approach

    Authors: Steven C. Schwartz

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  • Cadle v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Harold W. Goldin Jr., Assistant District Attorney, Rome, for appellee.
    Case Number: A04A1883

    The trial court reversibly erred by failing to charge on the defendant's sole defense of justific

  • Trulove v. Jones

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William P. Mason and Brian J. Harris Weener, Mason & Nathan LLP, Atlanta, for appellant.
    for defendant: Rodney S. Shockley Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A04A1963

    Plaintiff could not recover for the injuries she sustained when she fell off an uncompleted pool deck surrounding an above ground pool at the de t's home, since there was no evidence that the d

  • Spear v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John W. Spear, Atlanta, proceeded pro se. Carmen D. Smith, Solicitor General, and Jody L. Peskin, Assistant Solicitor General, Atlanta, for appellee.
    for defendant:
    Case Number: A04A2090

    Any deficiency in the performance of defendant's appointed counsel with regard to his hearing on the effectiveness of trial counsel resulted from defendant's own failure to cooperate wit

  • Petty v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & Assocs. PC, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A04A2163

    The state did not have to prove that someone else was the thief of a stolen car the defendant was driving in order to convict him of theft by receiving stolen pro

  • Skinitis v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jack J. Menendez, Marietta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Rosemary G. Heidmann, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A04A2191

    The defendant waived his right to appeal any error in the denial of his pretrial motion to suppress the fruits of a traffic stop by pleading guilty to speeding, DUI and marijuana posse