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  • Weems v. State

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Daniel Farnsworth, Atlanta, for appellant.
    for defendant: Tommy Floyd, District Attorney, and Blair Mahaffey, Assistant District Attorney, McDonough, for appellee. Other party representation: Barry Hazen, Atlanta.
    Case Number: A12A1353

    The trial court should have granted the defendant's motion to suppress more than 28 grams of cocaine police discovered in her car during a traffic stop because the officer illegally detained her be

  • Spann v. State

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William Head, Atlanta, for appellant.
    for defendant: Brian Fortner and Matthew Krull, Solicitors General, Douglasville, for appellee.
    Case Number: A12A1507

    The trial court improperly applied the standard of Davenport v. State, 289 Ga. 399 2011, in ruling that the DUI defendant was not entitled to subpoena an out-of-state witness to testify about the In

  • In the Interest of D. W.

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jessica Huff Public Defender's Office, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Wenona Belton, Atlanta, and Robert Hall, Roswell, for appellee.
    Case Number: A12A1076

    The juvenile court erred in finding the child was deprived, as no competent evidence established that the mother was unfit to care for her child and that the child was deprived at the time of the he

  • McClendon v. State

    Publication Date: 2012-11-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Leo Kight, Public Defender, Forsyth, for appellant.
    for defendant: Richard Milam, District Attorney, Jackson, for appellee.
    Case Number: A12A1040

    The trial court improperly reinvested subject matter jurisdiction over the question of sentencing because the defendant's sentence was longer than 12 years and therefore clearly subject to a sentenc

  • Public Sch. Ret. Sys. of Ga. v. Ayers

    Publication Date: 2012-11-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas Keough Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Jerome Lee Hernan Taylor & Lee LLC, Norcross, for appellee.
    Case Number: A12A0797

    The plaintiff retirement system was entitled to a directed verdict on the defendant's breach of contract counterclaim alleging that he was entitled to certain retirement benefits deposited into his

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  • Askew v. State

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Steven H. Lee District Attorney's Office, LaGrange, for appellee.
    Case Number: A12A1477

    Any trial court error in misinforming the defendant that he had the right to sentence review could not have contributed to his decision to guilty because it occurred after the

  • Nangreave v. State

    Publication Date: 2012-11-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Janice Prince Public Defender's Office, Adel, and Larry Johnson Law Office of Mickey Johnson, Nashville, for appellant.
    for defendant: . Catherine Helms, District Attorney, Nashville, and Charles Stines, Assistant District Attorney, Adel, for appellee.
    Case Number: A12A0841

    The circumstantial evidence sufficiently authorized a rational trier of fact to conclude that all reasonable hypotheses were excluded but for the defendants' guilt in their trial for bur

  • Keaton v. State

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Billy M. Grantham, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael L. Bankston, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A12A1203

    The defendant did not show that his counsel was ineffective in failing to move to suppress several inconsistent statements he made about why he was present at the burglarized resi

  • In the Interest of A. S., A. S., & A. S.

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cynthia A. Lain and Diana R. Johnson, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Sanders B. Deen, and Penny Hannah, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Cathy Lerow, Marietta.
    Case Number: A12A1570

    The juvenile court properly allowed the children's foster mother to give hearsay testimony about statements the children made to her, because the statements were in accordance with the Child Hearsay

  • Crosson v. State

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Travis A. Williams and H. Bradford Morris Jr. Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Conley J. Greer District Attorney's Office, Gainesville, for appellee.
    Case Number: A12A1237

    Although the 16-month delay between the defendant's arrest and the denial of her pretrial speedy trial motion was presumptively prejudicial, the trial court did not abuse its discretion in weighing