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  • Coleman v. State

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Brandon Coleman, Nicholls, proceeded pro se. Gwendolyn K. Fleming, District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A10A1558

    The defendant's 10-year sentence for armed robbery and hijacking a motor vehicle was within the statutory l

  • Walker v. State

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Robert M. Bearden Jr., Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Macon, for appellee.
    Case Number: A10A0803

    The state's failure to produce evidence of a photographic lineup that included a photo of the initial robbery suspect, who was not the defendant, did not violate due process, since the state present

  • State v. Sarden

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James B. Smith, District Attorney, Winder, and Robin B. Riggs, Assistant District Attorney, Jefferson, for appellant.
    for defendant: Carrol L. Fleming and Barry E. King, Jefferson, for appellee.
    Case Number: A10A1392

    The automobile exception authorized the search of the defendant's car, following his arrest on four outstanding felony war

  • King v. State

    Publication Date: 2003-01-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael M. Sheffield, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A1107

    The arresting officer had probable cause to detain defendant and his co-defendant based on a BOLO issued after an armed robbery at the co-defendant's former place of emplo

  • Kingsley v. Florida Rock Indus. Inc.

    Publication Date: 2003-01-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, Newton M. Galloway and Dean R. Fuchs Smith, Galloway, Lyndall & Fuchs, Griffin, for appellant.
    for defendant: . Mark W. Forsling, David H. Flint and Scott D. McAlpine Schreeder, Wheeler & Flint, Atlanta, for appellee.
    Case Number: A02A1952

    Notice regarding the enactment of county's comprehensive plan for unincorporated areas was required to conform to county's normal procedures for public hearings and not the notification standards fo

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  • Parks v. Hyundai Motor Am. Inc.

    Publication Date: 2003-01-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Rita T. Williams Williams & Assocs., Decatur, for appellant.
    for defendant: . Frank F. Middleton IV, Charles K. Reed, Jill C. Kuhn McKenna, Long & Aldridge LLP, Atlanta, and Stephen P. Harrison Harrison & Harrison, McDonough, for appellees.
    Case Number: A02A1138; A02A1139

    The trial court prematurely granted summary judgment to an automobile distributor in the plaintiffs' injury and wrongful death suits where evidence showed that the distributor was less than forthrig

  • Matthews v. State

    Publication Date: 2003-01-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Tasha M. Mosley, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A02A1951

    A Clayton County officer's personal observation of defendant driving in the dark without headlights authorized the officer to pursue defendant into Henry County where he arreste

  • Mohawk Indus. Inc. v. Clark

    Publication Date: 2003-01-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Lemuel H. Kemp Davis, Kreitzer, Kemp, Joiner & Melton, Dalton, and Alan M. Maxwell Long, Weinberg, Ansley & Wheeler, Atlanta, for appellant.
    for defendant: . William W. Keith III, Chatsworth, and Robert G. Norred Jr. Spears, Moore, Rebman & Williams, Chattanooga, Tenn., for appellees.
    Case Number: A02A2364; A02A2365

    A plaintiff can amend his complaint to assert venue in the original county after a corporate defendant has removed the case under O.C.G.A. § 14-2-51

  • Gold Kist Inc. v. Moody

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A02A1225

    The trial court could not presume that a prior judge followed the law of the case on remand where that judge failed to do so on remand from a prior a

  • Williams v. Young

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless, and Charles K. Wainright II, Albany, for appellees. Other party representation: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, and Antoinette D. Johnson, Atlanta.
    Case Number: A00A1393

    The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical cond