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  • Russell v. Superior K-9 Serv. Inc.

    Publication Date: 2000-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Stephen V. Kern Kitchens, Kelley & Gaynes PC, Atlanta, for appellant.
    for defendant: Henry D. Fellows Jr. Fellows, Johnson & La Briola LLP, Atlanta, for appellees. Other party representation: Glenn A. Loewenthal Loewenthal & Jackson LLP, Atlanta.
    Case Number: A99A2442

    Evidence that the plaintiff volunteered to let her employer's guard dog out of his pen raised a jury question as to whether she assumed the risk that the dog would attac

  • Gooden v. City of Atlanta

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas M. West, Atlanta, for appellant.
    for defendant: . Yeun S. Jo, Kendrice E. Smith, Assistant City Attorneys, and Susan P. Langford, Atlanta, for appellee.
    Case Number: A99A2466

    Mother's evidence of crimes at public pool where her child drowned did not show that pool was a nui

  • Day v. State

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas E. Stewart, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra A. Graves, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A2344

    Defendant was not entitled to a new trial, even though the trial court charged the entire statute on possession of a firearm during the commission of a felony, since the court limited the jury's del

  • Williams v. Solomon

    Publication Date: 2000-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Harold J. Cronk, Savannah, for appellant.
    for defendant: Patrick T. O'Connor Oliver, Maner & Gray, Savannah, for Solomon. Malcolm MacKenzie III and William W. Shearouse Jr. Weiner, Shearouse, Weitz, Greenberg & Shawe, Savannah, for the city.
    Case Number: A99A2008, A99A2285

    Plaintiff failed to pierce police officer's official immunity because he did not show that the officer, who hit him after running a stop sign while pursuing a suspect, acted with malice or intent t

  • Hendrix v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Orin L. Alexis, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A2359

    Since defendant beat the victim while he drove her from Cha ounty to Bulloch County and beyond, and the court could not readily determine the county in which he committed the crime, venue in Ch

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Raines v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: George D. Bush, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Nancy B. Johnson and Charles R. Sheppard, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A99A2071

    The trial court failed to ensure that the defendant was sufficiently informed of his right to counsel and the dangers of proceeding pro se after he told the court that he could not afford an att

  • Young v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Thomas E. Stewart, McDonough, for appellant.
    for defendant: . Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A99A2474, A99A2475

    Officer's testimony that cocaine discovered under seat of defendants' car was next to their gun and lack of evidence that anyone else had us car permitt inference that defendants posses

  • Sinyard v. State

    Publication Date: 2000-04-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Nicholas E. White, Cochran, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, Russell P. Spivey and James E. Turk, Assistant District Attorneys, Eastman, for appellee.
    Case Number: A99A1663

    The trial court should have granted the defendant's motion for a mistrial when a prospective juror commented during voir dire that the defendant had cheated her friend since the comment tainted the

  • Riley v. State

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A2291

    The defendant was entitled to an in camera inspection of the state's entire file to determine whether it contained evidence that one of the state's witnesses was arrested as a suspect in the same ag

  • Szurovy v. Olderman

    Publication Date: 2000-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Beltran and Charlotte K. Perrell Beltran & Assocs., Atlanta, for appellant.
    for defendant: Daniel S. Reinhardt, Carmie L. McCurry and Toni A. Friess Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A99A1919

    Plaintiff could not show that her attorney could have negotiated a better divorce settlement absent evidence of her ex-husband's financial status, the value of the marital estate or the amount of al