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Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:McMurray, William Leroy Attorneys:For plaintiff: John V. Lloyd Barr, Warner, Lloyd & Henifin, Savannah, for appellant. for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee. Case Number: A00A0252
Defendant's claim that he was improperly sentenced as a recidivist was meritless since O.C.G.A. § 17-10-2 a does not apply to sentences imposed on a guilty
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Ruffin, John H. Attorneys:For plaintiff: Michael H. Crawford, District Attorney, Clarkesville, for appellant. for defendant: Timothy P. Healy and Nina M. Svoren, Toccoa, for appellee. Case Number: A99A2354
Police officer had no basis for stopping defendant after observing him pull into a parking lot of a closed business at 4 a.m. absent evidence of criminal act
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Miller, M. Yvette Attorneys:For plaintiff: Walter W. Furlong, Atlanta, for appellant. for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Assistant Solicitor General, and Jason A. Beato, Assistant Solicitor, Marietta, for appellee. Case Number: A99A2334
Officer's testimony that he read defendant the 1997 implied consent law for suspects over age 21 twice was sufficient to show that he in fact informed defendant of his implied consent r
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Smith, George T. Attorneys:For plaintiff: Willie C. Weaver Weaver Law Offices, Albany, for appellant. for defendant: Kenneth B. Hodges III, District Attorney, and Richard E. Thomas, Assistant District Attorney, Albany, for appellee. Case Number: A99A2270
A videotape of the perpetrator and testimony regarding the stolen merchandise corroborated the defendant's confession that he entered the grocery store with a shirt over his head and stole beer and
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Miller, M. Yvette Attorneys:For plaintiff: Patricia F. Angeli, Jonesboro, for appellant. for defendant: Robert E. Keller, District Attorney, Erman J. Tanjuatco and Clifford A. Sticher, Assistant District Attorneys, Jonesboro, for appellee. Case Number: A99A1883
Defendant could not withdraw his guilty plea merely because he was taking psychotropic drugs for schizophrenia when he made the plea, since there was no evidence the medication incapacitate
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Johnson, Edward H. Attorneys:For plaintiff: Kathleen J. Anderson, Athens, for appellant. for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee. Case Number: A00A0048
Since defendant was caught with marked money from the robbery, it was highly improbable that his counsel's failure to object to the improper introduction of his prior armed robbery conviction contri
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Eldridge, Frank M. Attorneys:For plaintiff: Thomas J. Thomas, Atlanta, for appellant. for defendant: G. Channing Ruskell, Solicitor General, Canton, for appellee. Case Number: A00A0447
Defendant who allowed the dismissal of his a by failing to arrange for preparation of the transcript and disappearing shortly after filing that a was not entitled to an out-of-time a
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Ruffin, John H. Attorneys:For plaintiff: Jesse L. Vaughn Ledbetter, Little & Smith, Calhoun, for appellant. for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Lance T. McCoy, Assistant District Attorney, Calhoun, for appellee. Case Number: A99A2106
Defendant could not withdraw his guilty plea since he did not file a direct appeal and did not attempt to withdraw the plea until after the expiration of the term of court in which his plea was acc
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:McMurray, William Leroy Attorneys:For plaintiff: Robert M. Boulineau, Milledgeville, for appellant. for defendant: Evelyn P. Luton Bellury & Luton, Milledgeville, for appellee. Case Number: A00A0786
The juvenile court had jurisdiction over the 17-year-old defendant, since he was under 17 years old when he damaged the hood and roof of a car while fighting with anothe
Publication Date: 2000-03-10 Practice Area: Industry: Court:Court of Appeals Judge:Ruffin, John H. Attorneys:For plaintiff: Ronald E. Harrison II The Harrison Firm, Brunswick, for appellant. for defendant: Stephen D. Kelley, District Attorney, and Margaret L. Knight, Assistant District Attorney, Brunswick, for appellee. Case Number: A99A1771
The trial judge did not have improper contact with the jurors when they discussed with him their concern for the acquitted co-defe after they convicted defe