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  • Holt v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: R. Stephen Roberts Peters, Roberts, Borsuk & Guest PA and J.M. Raffauf, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Maria Murcier-Ashley and Jennifer M. Daniels, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A0221

    The evidence, including the trial court's repeated urgings that defendant take advantage of the public defender, showed that defendant knowingly and voluntarily waived his right to co

  • Parker v. Shreve

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donald P. Edwards, Atlanta, for appellant.
    for defendant: Melody P.F. Laine Shivers & Assocs., Alpharetta, for appellee.
    Case Number: A00A0296

    Although plaintiff served defendant with personal injury suit 12 days after statute of limitations had run, trial court abused its discretion in concluding plaintiff failed to exercise due diligence

  • Butler v. Household Mortgage Servs. Inc.

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael B. Butler, Atlanta, for appellant.
    for defendant: James R. Marshall, Decatur, for appellees.
    Case Number: A00A0367

    State court had jurisdiction to hear bankruptcy debtor's suit claiming his creditors breached an agreement with him regarding the mortgage on his house, since the bankruptcy court had lifted the

  • Huntley v. State

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, William M. Clark, Debra H. Bernes and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee
    Case Number: A00A0142

    The officer's affidavit and oral testimony provided probable cause to issue the search warrant for defendant's

  • Brown v. State

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Frederick M. Scherma, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Joel C. Pugh, Debra H. Bernes and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A0068

    Considering that defendant dismissed his appointed counsel and retained counsel and responded that he intended to represent himself when questioned by the trial court before trial, the trial court

  • Law Journal Press | Digital Book

    Infobeans cogito test

    Authors: Stephen Fishman

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  • Chastain v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Richard C. Sutton, Tallapoosa, for appellant.
    for defendant: James R. Osborne, District Attorney, and Theo M. Sereebutra, Assistant District Attorney, Buchanan, for appellee.
    Case Number: A00A1003

    The fact that defendant returned th im's truck after learning that th im had contacted police was irrelevant to the issue of whether he intended to keep the truck when he took it without t

  • Vehaun v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donna L. Avans, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A00A0323

    The time lapse between the defendant's 1975 conviction for child molestation and his 1999 trial for aggravated child molestation went to the weight of the similar transaction evidence, not its admis

  • Benn v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and Michael E. Eberhardt, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A0627

    Defendant was not entitled to a new trial based on his nephew's confessing to the crimes after the defendant was sentenced, since the nephew's confession was not supported by credible evidence or so

  • Bixler v. Merritt

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sonja L. Salo McKinney & Salo PA, Atlanta, for appellant.
    for defendant: Jonathan A. Weintraub, County Attorney, Joan F. Roach, Chief Assistant County Attorney and Howard W. Indermark, Decatur, for appellees.
    Case Number: A00A0878

    The emergency medical technicians who provided emergency services without remuneration were entitled to immunity under O.C.G.A. § 31-11-8, for their negligence, if any, in failing to take the plain

  • Dalton v. State

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and Michael E. Eberhardt, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1317

    Since the trial court methodically informed defendant that it could sentence him to five years in jail if he entered a blind guilty plea, defendant's claim that he entered the plea on the mistaken a