• Smith v. State

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James E. Watkins, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.

    Case Number: A05A0242

    The defendant did not invoke his Fifth Amendment right to counsel when he asked for and was appointed counsel to represent him on unrelated charges prior to confessing to an attempted bur

  • Collier v. D & N Trucking Co. LLC

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: James M. Freeman, Randy Howard and Jason M. Ferguson, Macon, for appellees.

    Case Number: A05A0285

    A p ff cannot avoid a pre-existing attorneys' fee award by voluntarily dismissing his comp

  • Georgia Interlocal Risk Management Agency v. Godfrey

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Andrew J. Whalen III and James Richard Westbury Jr. Mullins, Whalen & Westbury, Griffin, for appellant.
    for defendant: Norman C. Pearson III Chambless, Higdon, Richardson, Katz & Griggs LLP, Macon, David B. Bell Bell & Bell Assocs., Augusta, Jerry D. McRee, Milledgeville, Michael J. Moses, Solicitor, Louisville, and J. Franklin Edenfield Spivey, Carlton & Edenfield PC, Swainsboro, for appellees. Other party representation: Sharon B. Enoch Bell & Bell Assocs., Augusta.

    Case Number: A05A0324

    A police trainee was not a "Member" under the City of McIntyre's liability coverage agreement with appellant when he robbed and murdered the decedent in an underlying wrongful death

  • Salmeron v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ricky W. Morris Jr. and J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.

    Case Number: A05A0636

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the cit

  • Olarte v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Jason J. Deal, District Attorney, Dawsonville, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.

    Case Number: A05A0574

    The defendant could not show prejudice from her trial counsel's failure to call a mental health expert to testify that she suffered from Battered Woman Syndrome and Post-Traumatic Stress Disorder wh

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  • King v. Irvin

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Thomas D. Harper Harper, Waldon & Craig, Atlanta, for appellee.

    Case Number: A05A0073

    The plaintiff's injury suit arising out of automobile collision was dismissed for want of prosecution after the plaintiff failed to submit any proof that his military duties prevented him from atten

  • Applebrook Country Dayschool Inc. v. Thurman

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Joseph C. Parker Downey & Cleveland LLP, William T. Casey Jr. Hicks, Casey & Barber PC, Marietta, and Christopher A. Townley, Rossville, for appellant.
    for defendant: Renzo S. Wiggins, Ringgold, for appellees.

    Case Number: A03A1252

    Expert testimony regarding infant sleep positioning is admissible in a negligent childcare supervision case to assist the jury in determining whether the childcare provider breached its duty of

  • Vojnovic v. Brants

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Terrell W. Benton III and Holly M. Miller Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: . Jack J. Menendez, Marietta, for appellee.

    Case Number: A04A1909

    The plaintiff's malicious prosecution claim was not barred by judicial estoppel because it was not viable until after her Chapter 7 bankruptcy petition had been filed and she had no absolute duty t

  • Kahlig v. Martinez

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Stuart A. Kurtz, Marietta, for appellant.
    for defendant: James W. Hays Hays & Potter PC, Atlanta, for appellee.

    Case Number: A04A2361

    Because the plaintiff's foreign motion for confirmation of a ju did not constitute a new suit, her failure to serve the defendant with the motion did not entitle him to have the domesticated j

  • Comanche Constr. Inc. of Ga. v. Department of Transp.

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Timothy J. Buckley III and Dennis A. Brown Finley & Buckley PC, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Eve A. Appelbaum and Todd C. Passman Appelbaum & Assocs., Atlanta, for appellees. Other party representation: Trent B. Speckhals and Hector R. Cora Speckhals & Cora PC, Atlanta.

    Case Number: A04A2037

    DOT was entitled to immunity on plaintiff's claim that it negligently approved a detour design for a public