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Publication Date: 2000-02-11 Practice Area: Industry: Court:Court of Appeals Judge:Eldridge, Frank M. Attorneys:For plaintiff: G. Michael Agnew Agnew, Schlam & Bennett PC, Columbus, for appellant. for defendant: Clifton C. Fay, Assistant City Attorney, Columbus, for appellees. Case Number: A99A2450
Although police officer had no probable cause to arrest plaintiff for disobeying her order to move away while she arrested plaintiff's brother, the officer had official immunity since there was no e
Publication Date: 2000-02-11 Practice Area: Industry: Court:Court of Appeals Judge:Blackburn, G. Alan Attorneys:For plaintiff: William J. Mason, Columbus, for appellant. for defendant: John G. Conger, District Attorney, and Alonza Whitaker, Assistant District Attorney, Columbus, for appellee. Case Number: A99A2396
The victim's in-court identification of defendant as the robber was not tainted by the show-up at the victim's home 10 days after the crime, since the victim based his testimony on several clear vie
Publication Date: 2000-02-11 Practice Area: Industry: Court:Court of Appeals Judge:Eldridge, Frank M. Attorneys:For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant. for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee. Case Number: A99A2460
Evidence that defendant had previously threatened two people with a handgun because he was angry at them was sufficiently similar to his shooting the victim and showed his propensity to settle dispu
Publication Date: 2000-02-11 Practice Area: Industry: Court:Court of Appeals Judge:Barnes, Anne Elizabeth Attorneys:For plaintiff: Ronnie J. Lane, Donalsonville, for appellant. for defendant: J. Brown Moseley, District Attorney, and Minerva S. Cansino, Assistant District Attorney, Bainbridge, for appellee. Case Number: A99A2410
Evidence that defendant understood the charges against him, filled out a pre-printed form and orally answered 31 questions about his waiver of rights and pled guilty despite being informed that the
Publication Date: 2000-02-11 Practice Area: Industry: Court:Supreme Court Judge:Sears, Leah Ward Attorneys:For plaintiff: Kenneth P. Johnson and David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellant. for defendant: John M. Cullum, Savannah, for appellee. Case Number: S99A1824
The trial court properly charged the jury that plaintiff had to present clear and convincing evidence to rebut the presumption that the parties had equal shares in their property as tenants in c
Publication Date: 2000-02-11 Practice Area: Industry: Court:Supreme Court Judge:Benham, Robert Attorneys:For plaintiff: Elaine T. McGruder, Atlanta, for appellant. for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, David E. Langford, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Case Number: S99A1447
Since defendant's statements to the police officer who arrived at the crime scene were spontaneous, they were admissible even though he did not receive Miranda war
Publication Date: 2000-02-11 Practice Area: Industry: Court:Supreme Court Judge:Carley, George H. Attorneys:For plaintiff: Wilbur T. Gamble III Colquitt & Gamble LLP, Dawson, for appellant. for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee. Case Number: S00A0087
Defendant's statements during several interviews at the police station before he was given Miranda rights were admissible since he was not in custody at the time and his statements were not inculp
Publication Date: 2000-02-11 Practice Area: Industry: Court:Supreme Court Judge:Benham, Robert Attorneys:For plaintiff: Michael B. King, Jonesboro, for appellant. for defendant: Thurbert E. Baker, Attorney General, Rebecca S. Mick and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellee. Case Number: S99A1816
Plaintiff could not file a writ of prohibition challenging superior court's decision reversing the dismissal of petition to remove him from school board, since court had jurisdiction over that admin
Publication Date: 2000-02-11 Practice Area: Industry: Court:Supreme Court Judge:Hines, P. Harris Attorneys:For plaintiff: James R. Westbury Jr. Power & Westbury LLP, Griffin, for appellant. for defendant: Eloise W. Newhard Adams House, Decatur, for appellee. Case Number: S99A1310
The trial court should not have awarded child support against father since mother's divorce petition did not seek child support and father did not answer the petition or appear at the he
Publication Date: 2000-02-11 Practice Area: Industry: Court:Court of Appeals Judge:Blackburn, G. Alan Attorneys:For plaintiff: Eric A. Ballinger Conrad & Abernathy, Canton, for appellant. for defendant: Roger Queen, District Attorney, and William B. Britt, Assistant District Attorney, Ellijay, for appellee. Case Number: A99A2504, A99A2505
Evidence that the state did not mail notice of trial to defendant's last known address as alleged in the indictment did not require his acquittal on bail jumping charges since defendant's attorney g