• Cammer v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William S. Lewis, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock, Chief Assistant District Attorney, and Patricia P. Stone, Assistant District Attorney, Savannah, for appellee.

    Case Number: A03A1369

    The trial court did not err in failing to give the defendant's request to charge on reckless conduct as a lesser included offense of aggravated assault because his testimony that he fired shots in

  • Hill v. Tschannen

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joes M. Grist Jr. Grist & Block LLP, Macon, for Hill. Steven J. Kyle, Christina A. Craddock Bovis, Kyle & Burch LLC, Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, and Daniel Bullard IV, Macon, for Tschannen. Charles B. Zirkle Jr. and Devon A. Atchison Kirkle & Hoffman LLP, Atlanta, for Woodruff Property Management Co. Other party representation: Arnold C. Joseph Cozen & O'Connor, Laura M. Tate Welch, Spell, Reemsnyder, Pless & Davis, and Michael W. Carlson Drew, Eckl & Farnham, Atlanta.
    for defendant:

    Case Number: A03A1054; A03A1055

    O.C.G.A. § 25-2-40 g provides that evidence of failure to maintain a smoke detector in good working order cannot be considered as evidence of negligence in a civil

  • Moffett Constr. Inc. v. Barnes

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Harry R. Tear III and Kim A. Roper Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: . Jeffrey S. Bowman, Augusta, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.

    Case Number: A03A1036

    The superior court does not have authority to remand a workers' compensation case for consideration of newly discovered evi

  • Buggay v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Steve C. Buggay Jr., Ambrose, proceeded pro se. Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    for defendant:

    Case Number: A03A1609

    The trial court properly merged the defendant's convictions for misdemeanor fleeing or attempting to elude a police officer and fleeing or attempting to elude and sentenced him solely on the

  • Spence v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jackie G. Patterson, LaGrange, for appellant.
    for defendant: Louis J. Kirby, Solicitor, LaGrange, for appellee.

    Case Number: A03A1047

    The trial court should have quashed the charge of attempting to elude an officer where state did not allege in the accusation that defendant was eluding an officer or police vehicle when he failed

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  • Floyd v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: J. Alvin Leaphart, Jesup, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Brunswick, and John B. Johnson III, Assistant District Attorney, Jesup, for appellee.

    Case Number: A03A1227

    Brady does not require pretrial disclosure of materials sought under a Brady m

  • Chalifoux v. State

    Publication Date: 2003-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Patrick C. Cork Cork & Cork, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, for appellee.

    Case Number: A03A1399

    The evidence supported a finding beyond a reasonable doubt that the crimes occurred in Lowndes C

  • Shinholster v. State

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert P. Westin, Gordon, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Millegeville, and Shelley S. Tice, Assistant District Attorney, Eatonton, for appellee.

    Case Number: A03A1465

    The evidence did not support a charge on reckless conduct where the defendant shot the victim intentionally and claimed self-de

  • Herndon v. Heard

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: . Kevin T. Brown and Stephen R. Sullivan Sell & Melton LLP, Macon, for appellee.

    Case Number: A03A0623

    The statute of limitation did not bar Counts III and IV of p ff's amended comp which related back to p ff's original comp

  • Talbot v. State

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Alonza Whitaker, Assistant District Attorney, Columbus, for appellee.

    Case Number: A03A0120

    The Court remanded for a determination of whether trial counsel was ineffective for failing to communicate a plea offer to the defe