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  • Phelps v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John W. Sherrer Jr., Vienna, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Barbara A. Becraft, Assistant District Attorney, Cordele, for appellee.
    Case Number: A08A2259

    The defendant was entitled to a determination of whether he was mentally competent to stand

  • Davis v. Metropolitan Atlanta Rapid Trans. Auth.

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kenneth I. Behrman Lenner, Schatten & Behrman LLC, Atlanta, for appellant.
    for defendant: LaShanda R. Dawkins, Senior Assoc. Counsel MARTA, Atlanta, for appellee.
    Case Number: A08A2080

    The evidence unquestionably established that the defendant's master insurance policy governed and authorized the reduction and termination of the plaintiff's disability ben

  • Patrick v. Huff

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Brian C. Smith, Gainesville, for appellant.
    for defendant: . Charles E. Cox Jr., Macon, for appellee.
    Case Number: A08A1768

    The Georgia Fair Dismissal Act's procedural rights are available only for teachers, who have accepted a school year contract for the fourth consecutive school year or more from the same local board

  • Williams v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James D. McDade, District Attorney, and Marc A. Watkins, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A08A2118

    The transcript belied defendant's claims that his guilty plea to three counts of distribution of controlled substances, two counts of use of communication facility in the sale of cocaine and one cou

  • Long v. Bellamy

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Neuberger Harper, Waldon & Craig, Atlanta, for appellant.
    for defendant: Arthur B. Edge IV Wood, Odom & Edge PA, Newnan, for appellee.
    Case Number: A08A2056

    The plaintiff failed to diligently serve the defendant in her renewal suit seeking compensation for injuries arising out of an automobile coll

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  • Thomas v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Carl P. Greenberg, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A08A1777

    Evidence, including the defendant's own pretrial statement, in which he stated that he did not see the victim with a gun when he shot him and that he shot him by mistake, authorized the jury to rej

  • State v. Alvin

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and David A. Peterson District Attorney's Office, Brunswick, for appellant.
    for defendant: James A. Yancey Jr., Brunswick, for appellee.
    Case Number: A08A2042

    Some evidence linked the drug activity in question to the defendant's residence and supported the search warrant's iss

  • Planas v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Snehal Patel, Assistant Pub. Defender, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Melissa L. Poole, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A08A2222

    O.C.G.A. § 17-10-6.2 a 4 provides that a defendant, who commits statutory rape, is excluded from first offender consideration only if the defendant was 21 years of age or older and the defendant her

  • Willingham v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A2137

    The state is not required in drug possession cases to present expert testimony or introduce the drugs into evi

  • In the Interest of A. R.

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Tran H. Lankford Gary, Leshaw & Assocs., Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Daniel C. Thomas, Covington, for appellee. Other party representation: Melissa A. Bruzzano, Covington.
    Case Number: A08A2411

    Service of deprivation petition on incarcerated father of three children at issue was not perfected pursuant to O.C.G.A. § 15-11-3