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  • Maxwell v. Cronan

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Carl A. Puls Jr. Hartley & Puls, Kathy E. Jarman, Decatur, and Andrew W. Estes, Sylva, N.C., for appellant.
    for defendant: E. Wycliffe Orr, Gainesville, William K. Campbell, Covington, James T. Budd and William R. Youngblood Chambers, Mabry, McClelland & Brooks, Atlanta, for appellees.
    Case Number: A99A1404, A99A1405

    Plaintiff's complaint allegation that school board waived its sovereign immunity to the extent of any existing automobile liability coverage was sufficient to place the burden on the school board t

  • Parks v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sarina J. Woods, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A99A2084

    Evidence that the victim took AZT to prevent transmission of AIDS virus after she was raped was admissible to show she would not have consented to unprotected sex with the HIV-positive defe

  • Miller v. State

    Publication Date: 2000-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark S. Martin, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and A. James Rockefeller, Assistant District Attorney, Perry, for appellee.
    Case Number: A99A1710

    The fact that defendant was 18 years old, had not hired an attorney and had only one day to consider the state's plea offer did not make his guilty plea to burglary and robbery charges involu

  • 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