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  • In the Interest of S.K. and F.K.

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Don T. Lyles, Thomasville, and James R. Smith Jr. Smith, Hannan & Parker PC, Valdosta, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Daniel M. Mitchell Jr., Special Assistant Attorney General, Quitman, for appellee.
    Case Number: A00A2259, A00A2260

    The juvenile court had discretion under O.C.G.A. § 15-11-32 and 15-11-87 to deny the mother's motion for an independent psychological examination of the chi

  • Carter v. State

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Bushnell, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and William W. Tanner, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A2596

    Defendant's consumption of alcohol while on prescription medication in direct contradiction to her doctor's orders did not excuse her criminal co

  • McEntyre v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Joe H. Thalgott, Dublin, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A00A2332

    The number of times defendant touched his daughter and his warning her to keep quiet supported the jury's finding that he had the requisite intent to commit child molest

  • Atlanta Cas. Ins. Co. v. Gardenhire

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Richard R. Mehrhof Jr. Allgood, Childs & Mehrhof PC, Augusta, for appellant.
    for defendant: David B. Bell Bell & Bell Assocs., Augusta, for appellee.
    Case Number: A00A1890

    The jury's determination in the underlying injury suit that the insured was driving her car at the time of the accident precluded the readjudication of that issue in the plaintiff's direct action ag

  • Spikes v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Lawton Miller Jr., Macon, for appellant.
    for defendant: Frederic D. Bright, District Attorney, Milledgeville, and Gregory L. Bushway, Assistant District Attorney, Gray, for appellee.
    Case Number: A00A1917

    The state's failure to prove that the robbery occurred on a specific date did not prevent defendant from presenting his alibi de

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Jones v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Johnny Jones, proceeded pro se. Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A00A2559

    The trial court properly denied the defendant's motion for an out-of-time sentence review because he filed the motion more than six months after he was sent

  • Freeman v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Juwayn N. Haddad DeKalb County Public Defender's Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, Robert M. Coker, Assistant District Attorney, and Anne Long, Assistant District Attorney, Decatur, for appellee.
    Case Number: A00A1842

    A woman who opened the door of a hotel stepped to the side to let officers enter and failed to object to their entry impliedly consented to the officer's search of the

  • Meadows v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Peter B. Hoffman, Hamilton, for appellant.
    for defendant: John G. Conger, District Attorney, and Mark C. Post, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A2174

    There was no evidence that defendant controlled or possessed the marijuana found under his

  • Rogers v. Farmers and Merchants Bank

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Christopher D. Huskins The Huskins Law firm, Eatonton, for appellee.
    Case Number: A00A1907

    The mere fact that defendant's truck was damaged in an accident did not constitute an event of default under his security agreement with the

  • First Born Church of the Living God Inc. v. Bank of Am.

    Publication Date: 2001-02-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kirby C. G. Mason Hunter, McLean, Exley & Dunn PC, Savannah, John M. Hatfield The Hatfield Law Firm, Waycross, and Walter D. Adams, Brunswick, for appellant.
    for defendant: . Lamar Gibson Gibson & Spivey PC, Waycross, and Monica L. Cothran Davenport, James & Cothran, Panama City, Fla., for appellee. Other party representation: Kerey Carpenter, Tallahassee, Fla.
    Case Number: A00A1795

    The trial court erred in retaining jurisdiction to consider the propriety of the church board's successive attempts to remove its senior bishop because the Court of Appeals' decision in the parties