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  • Hernandez v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A10A0399

    Testimony that one has consumed alcohol does not place one's character in

  • Harbin v. Roberts

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert S. Windholz, Alpharetta, for appellant.
    for defendant: Trevor G. Hiestand Harper, Walden & Craig, Atlanta, for appellee.
    Case Number: A10A0382

    A trial court is not bound by a pre-trial Daubert ruling by the same or a substitute

  • Wilson v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Justin D. Unger District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0154

    The defendant entered his ex-girlfriend's home without permission, hit her in the head with a hammer, stabbed her in her side, refused to let her escape, threw her down basement stairs and took seve

  • Hamrick v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Lucas O. Harsh, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0628

    A passing reference to a defendant's record does not put his character into

  • Bravo v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: John G. Nebl, Eatonton, for appellant.
    for defendant: Robert Stokely, Solicitor General, and Natalie Ashman, Assistant Solicitor General, Newnan, for appellee.
    Case Number: A10A0363

    The officer's procedure in calculating the defendant's specific numeric blood alcohol concentration, based on an administered Horizontal Gaze Nystagmus test, has not reached the requisite scientifi

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  • State v. Curles

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Barry E. Morgan, Solicitor General, and Jeffrey A. Johnson Solicitor General's Office, Marietta, for appellant.
    for defendant: Scott P. Semrau, Marietta, for appellee.
    Case Number: A10A0086

    No reasonable person in the defendant's situation would have perceived that he was in custody prior to his arrest for suspecte

  • Jones v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Quintus Jones III, Lawrenceville, proceeded pro se. Rosanna M. Szabo, Solicitor General, Joelle M. Nazaire and Richard C. Armond Solicitor's Office, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A0245

    The defendant failed to show that the delay between his arrest and his scheduled trial on charges of DUI less-safe driver was prejud

  • Dowdell v. Wilhelm

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Karen E. Woodward Cruser & Mitchell LLP, Norcross, for Dowdell. Sun S. Choy Freeman, Mathis & Gary LLP, Atlanta, and Paul I. Hotchkiss Freeman, Mathis & Gary LLP, Forest Park, for Clerk-Mathis. Terry E. Williams and Jason C. Waymire, Buford, for Tamer. Douglas R. Kertscher, Blakely H. Frye Hill, Kertscher & Wharton LLP, Atlanta, and Marion T. Pope Jr. Hasty Pope LLC, Canton, for Wilhelm. Other party representation: Jeffrey E. Tompkins, Thomas G. Sampson Thomas, Kennedy, Sampson & Patterson, Theodore Freeman Freeman, Mathis & Gary, Steven E. Rosenberg, Assistant County Attorney, Robert D. Ware and Coy J. Johnson Jr. County Attorney's Office, Matthew C. Welch, Atlanta, William T. Mitchell Cruser & Mitchell, Norcross,
    for defendant:
    Case Number: A10A0201, A10A0202, A10A0203

    The post-escape fatal shooting of a bystander was not a foreseeable consequence of the fact that the appellants allegedly knew or should have known of a prisoner's plan to overpower an officer, take

  • Lampkin v. First Comm. Bank of Tifton

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: . Herbert W. Benson Sims, Fleming & Benson, Tifton, for appellee.
    Case Number: A10A0493

    The plaintiffs clearly assumed the grantor's indebtedness by an open-end security deed to which the warranty deed transferring the real property at interest to them was su

  • Powell v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0708

    The jury instructions allowed the jurors to find the defendant guilty of the crime of family violence battery in a manner not charged in the indic