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  • Parker v. Clary Lakes Recreation Ass'n Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John T. Sparks and John B. Austin Austin & Sparks PC, Atlanta, for appellant.
    for defendant: William A. Dinges Temple, Strickland, Counts & Dinges, Decatur, for appellee.
    Case Number: S00A0099

    Evidence that homeowners' association would suffer greater harm if it could not increase assessments than plaintiff would suffer if assessments were increased supported denial of his request to enjo

  • Robinson v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jana M. Whaley, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0029

    Since state crime lab expert could not say what effect cocaine had on the murder victim, his testimony that the victim consumed cocaine and a detective's testimony that the victim had cocaine in his

  • Shazer v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ernie M. Sheffield, Colquitt, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, Robert R. Auman, Chief Assistant District Attorney, Cairo, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0035

    Evidence that defendant threatened to kill his wife if she left him, that the wife died from a gunshot wound inflicted with a pistol held against her chest and that the gun could not have fired acci

  • Carter v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Kathy S. Palmer, Swainsboro, for appellant.
    for defendant: Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1603

    Although the trial court should have charged on impeachment by conviction since a state witness admitted to his prior felony convictions without objection, that error was harmless given the other e

  • Smith v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Clyde M. Urquhart, Woodbine, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, for appellee.
    Case Number: A00A0123

    Defendant could be sentenced as a recidivist on his Georgia armed robbery conviction since his previous Florida convictions involved his robbing two victims while he held a shotgun and were serious

  • Imaging Sys. Int'l Inc. v. Magnetic Resonance Plus Inc.

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy D. Chambers and John W. Chambers Jr. Chambers, Chambers & Chambers, Atlanta, for appellant.
    for defendant: . Adam R. Gaslowitz, Timothy J. McGann and Walter Hamberg III Adam R. Gaslowitz & Assocs., Atlanta, for appellee.
    Case Number: A99A1774

    Plaintiff could not recover attorneys' fees in breach of contract suit under the contract's "prevailing party" fee provision, since it recovered no damages even though the trial court found that de

  • Baker v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, for appellee.
    Case Number: A99A2323

    Since the state could not locate the victim of defendant's previous child molestation, a police officer could testify that the then-13-year-old victim stated she and defendant engaged in sexual inte

  • In the Interest of J.B.

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Hue Henry, Marie E. Bruce J. Hue Henry PC, Adrienne R. McFall and Kimberley S. Brown, Athens, for appellant.
    for defendant: John P. Cheeley Cheeley & King PC, Duluth, Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen A. Sgrosso and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Barry N. McGough, Atlanta, and Christine A. Koehler, Lawrenceville.
    Case Number: A99A2365

    The trial court erred in treating its finding that children were deprived as part of the custody determination in parents' divorce proceeding, and in refusing to make separate, specific findings of

  • Hall v. Hall

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bruce R. Steinfeld Alembik, Fine & Callner PA, Atlanta, for appellant.
    for defendant: Paula R. Miller, Atlanta, for appellee.
    Case Number: A99A2294

    Father could not recover attorneys' fees under O.C.G.A. § 9-15-14 a in his petition to enforce his visitation rights, since mother's argument against the appointment of a guardian ad litem for the p

  • Davison v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael G. Lambros Boyce, Ekonomou & Atkinson, Atlanta, for appellant.
    for defendant: Richard R. Read, District Attorney, and Andrea M. Dyer Rockdale District Attorney's Office, Conyers, for appellee.
    Case Number: A99A2357

    Evidence that the defendant hit the victim in the face, called her the "c" word and grabbed her hair supported his simple battery convi