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  • Horton v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A1225

    The trial court should have considered defendant for first offender treatment since he committed armed robbery before the legislature barred application of the First Offender Act to defendants convi

  • Maguire v. Dominion Dev. Corp.

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jack T. Brinkley Jr. Brinkley & Brinkley, Columbus, Alvin L. Toliver Toliver & Gainer LLP and Joseph H. King Jr., Atlanta, for appellant.
    for defendant: David J. Marmins and Christopher N. Shuman Carter & Ansley, Atlanta, for appellee.
    Case Number: A99A1842

    Injured employee could not sue his statutory employer in tort after that employer successfully defeated the employee's claim for workers' compensation benefits based on that employee's failure to se

  • Sprayberry v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Monica T. Myles, Public Defender, Douglasville, and Mary Erickson, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Stephen L. Corso, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A99A2147

    Evidence that officers questioned defendant for only two hours before he confessed contradicted his claim that he made the statement under duress and was worn out from hours of questi

  • Fox v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Caesar J. Burch, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Savannah, for appellee.
    Case Number: A99A1847

    The trial court could not amend defendant's sentence for robbery or allow defendant to withdraw his guilty plea after the expiration of the term of court during which the plea and sentence were en

  • Taylor Auto Group Inc. v. Jessie

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David E. Hudson Hull, Towill, Norman & Barrett PC, Augusta, for appellant.
    for defendant: Pamela S. James and John C. Bell Jr. Bell & James, Augusta, for appellee. Other party representation: Lou Litchfield Schulten, Ward & Turner LLP, Atlanta.
    Case Number: A99A0827

    The fact that plaintiff may not prove her fraud , theft and RICO claims against auto dealer did not justify denial of class action certification against dealer or bar plaintiff from serving as class

  • Whirl v. Safeco Ins. Co.

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Clifford H. Hardwick, Roswell, for appellant.
    for defendant: Stuart J. Oberman, Atlanta, for appellees.
    Case Number: A99A2127

    The 2-year statute of limitation for in s suit for injuries suffered in a car accident applied to insurer's subrogation action against unin motorist to recover benefits it paid to its in

  • Rivers v. Almand

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Arthur M. Washington Clark & Washington, Atlanta, for appellant.
    for defendant: Mitchel S. Evans Crim & Bassler, Atlanta, for appellee.
    Case Number: A99A1769

    The Court of Appeals sanctioned the plaintiff's attorney for appealing the dismissal of her complaint after she failed to respond to any discovery or appear at her noticed depos

  • Vickers v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: William A. O'Dell, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, and Fred R. Simpson, Assistant District Attorney, Rome, for appellee.
    Case Number: A00A0282

    The defendant's admission that he had oral sex with the 13-year-old victim corroborated her testimony that the defendant offered her cigarettes in exchange for kisses and tried to have sex with her

  • Taylor v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: George T. Jackson Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A1708

    The trial court could not sentence defendant as a first offender on his armed robbery conviction since its discretion was limited by the mandatory minimum sentencing requirements of O.C.G.A. § 17-1

  • Bonds v. Bonds

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: John A. Lawson Lawson & Sippel PC, Macon, for appellee.
    Case Number: A99A1713

    The trial court was not required to include findings of fact in its child custody modification order since none of the parties request