• Jones v. State

    Publication Date: 2006-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Daniel J. Cahill Jr., Danielsville, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: A05A1913

    The defendant's convictions for cruelty to children merged into his aggravated battery conviction, since the evidence showed that the 4-year-old victim's multiple injuries resulted from one act of

  • Abrahamson v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jeffrey R. Sliz and Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, Gary S. Vey and Rosanna M. Szabo, Assistant Solicitors, Lawrenceville, for appellee.

    Case Number: A05A2225

    The investigating officer did not subject the defendant to a custodial arrest requiring Miranda warnings when he detained her for 10 to 15 minutes in her car while waiting for an on-duty DUI officer

  • Andrews v. State

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Alan I. Begner and Tammi S. Long Begner & Begner PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Anne M. Long and Robert M. Coker, Assistant District Attorneys, Decatur, for appellee.

    Case Number: A05A2267

    All direct appeals following the revocation of a drug court defendant's probationary status, which are filed after the date of this opinion as subject to the discretionary application procedures of

  • Richards v. State

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.

    Case Number: A05A2054

    The affirmative defense of "claim of right" is only available for theft crimes, not crimes involving the use of force, intimidation, threats or coe

  • Morgan v. Johns

    Publication Date: 2005-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Justin B. Grubbs Shepherd & Johnston LLP, Griffin, for appellant.
    for defendant: Robert H. Stansfield, Covington, for appellees.

    Case Number: A05A0810

    The superior court had no jurisdiction over the appellees' request to prevent the executrix of their father's estate from withdrawing or otherwise using certain funds pending the outcome of a chall

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  • Florescu v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A05A1116

    A defendant does not need to be mentally competent to pursue a motion for a new

  • Anderson v. State

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Johnnie M. Graham, Albany, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.

    Case Number: A05A1818

    Evi that the co-defendant gave false testimony at the defendant's trial did not entitle the defendant to a new trial based on newly discovered evi

  • Bozzuto v. State

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: E. Paul Stanley, Gainesville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, and Kerry I. Banister, Assistant District Attorney, Cleveland, for appellee.

    Case Number: A05A2088

    The conditions placed on the defendant's bonds-not contacting the victim and three other persons, banishment from certain counties and required mental and physical evaluations-did not constituted c

  • Thomas v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael G. Schiavone Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Savannah, for appellee.

    Case Number: A05A2135

    The defendant's demeanor when he went to the victim's home, his use of "fighting words" and his threats supported his conviction for disorderly co

  • McKinney v. State

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Donald B. Lowe III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Arvo H. Henifin, Assistant District Attorney, Savannah, for appellee.

    Case Number: A05A1602

    An auto body repairman allowed the defendant to borrow a customer's Buick in exchange for crack cocaine and the defendant never returned the ve