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  • Martin v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Holli G. Martin, Assistant District Attorney, Tifton, for appellee.
    Case Number: A00A0098

    A videotape of the defendant selling cocaine to the paid informant supported the defendant's convic

  • Somchith v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Juwayn N. Haddad, Clarkesville, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Toccoa, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1779

    The trial court properly refused to give defendant's requested charge on adultery since he and the murder victim were not ma

  • Albany Urology Clinic PC v. Cleveland

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas S. Chambless and Dawn G. Benson Watson, Spence, Lowe & Chambless LLP, George P. Donaldson III Donaldson, Bell & Pickett PC, Albany, and Wade H. Coleman Tillman, McTier, Coleman, Talley, Newberry & Kurrie, Valdosta, for appellant.
    for defendant: . William S. Stone and T. Craig Ernest William S. Stone PC, Blakely, for appellees. Amicus appellants: Harold G. Clarke Troutman Sanders, Thomas S. Carlock Webb, Carlock, Copeland, Semler & Stair, John E. Hall Jr., Jonathan Marigliano Hall, Booth, Smith & Slover PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP, Robert E. Whitley, William M. Earnest Jr. Thrasher, Whitley, Hampton & Morgan, Jack S. Schroder Jr., Angela T. Burnette Alston & Bird, David A. Cook, William T. Clark Medical Ass'n of Ga., Atlanta, David H. Tisinger, Richard G. Tisinger Jr. Tisinger, Tisinger, Vance & Greer, Carrollton, Leonard A. Nelson and E. Ratcliffe Anderson Jr. MD American Med. Ass'n, Chicago, Ill.
    Case Number: S99G0600

    Urologist was not liable to plaintiff for fraud since he had no duty to disclose his use of illegal drugs or any other aspect of his personal life that might adversely impact his professional perfor

  • Wilson v. Anderson-Columbia Co. Inc.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sid M. Kresses and Kenneth I.M. Behrman Birnbey & Kresses, Atlanta, for appellant.
    for defendant: . William P. Langdale III Langdale, Vallotton, Linahan, Threlkeld & Wetherington, Valdosta, for appellee. Other party representation: J. Converse Bright, Valdosta, Michael J. Gorby Gorby, Reeves, Peters & Burns PC, Richard N. Sheinis Hall, Booth, Smith & Slover PC, and Thurbert E. Baker, Attorney General, Atlanta.
    Case Number: A99A2338

    The plaintiffs could not recover damages in their injury suit against the defendant, since the third-party defendant was liable to the defendant by default and the plaintiffs previously agreed to in

  • Dixon v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert M. Goldberg, Roswell, and Michael E. Bergin Law Office of Michael E. Bergin, Fairburn, for appellant.
    for defendant: . Dennis R. Fortin, Decatur, Jeffrey E. Tompkins Thomas, Kennedy, Sampson & Patterson, Walter B. McClelland and Jo B. Gosdeck Chambers, Mabry, McClelland & Brooks, Atlanta, for appellees. Other party representation: Lee A. Frison Jr. Ward & Frison PA, Newnan.
    Case Number: A99A2221

    The trial court's elimination of all but one of plaintiffs' claims based on its sua sponte ruling that the claims were barred by collateral estoppel and res judicata did not give the plaintiffs fair

  • Atlanta Dwellings Inc. v. Wright

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John G. Aldridge Jr., Scott L. Nathan and Marissa G. Connors McCalla, Raymer, Padrick, Cobb & Nichols, Atlanta, for appellant.
    for defendant: George O. Lawson Jr. and Alton Hornsby III Lawson & Thornton PC, Atlanta, for appellees.
    Case Number: S99A1395, S99A1396

    Interlocutory injunction prohibiting plaintiff's foreclosure on defendant's deed to secure debt was appropriate, since questions exist regarding construction of parties' forbearance agreement and wh

  • Graham v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Emmett J. Arnold, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A99A2301

    Defendant was not entitled to an equal access charge regarding drugs found in his co-defendant's truck since the court did not charge that he was presumed to possess the drugs merely because he was

  • Hall v. J. H. Harvey Co.

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herbie L. Solomon, Albany, for appellant.
    for defendant: Carl G. Fulp III and Robert M. Clyatt Clyatt, Clyatt & DeVaughn, Valdosta, for appellee.
    Case Number: A99A2461

    Because the plaintiff actually saw a box on the floor in front of her cart and walked around it to pick up a carton of butter, she could not recover for the injuries she sustained when she slipped

  • Boatman v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward F. Smith, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, James D. Lamb, Assistant District Attorney, Waycross, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1469

    Police officer did not subject defendant to coercive, custodial interrogation by approaching defendant on the roadside and asking his name, where he was from and how long he had been in the

  • Carruthers v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: John A. Beall IV, Peachtree City, and William S. Callahan, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, D. Brandon Hornsby, Verda Andrews-Stroud, Assistant District Attorneys, Jonesboro, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Allison B. Goldberg, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, Thomas H. Dunn Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P1418

    In his closing argument, the prosecutor improperly quoted directly from the Bible as authority for the jury imposing the death sentence against defe