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  • State v. Garnett

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Spencer Lawton Jr., District Attorney, and Kevin T. Almeroth, Assistant District Attorney, Savannah, for appellant.
    for defendant: Frank G. Cardillo Simon, Booth, Cook & Cardillo PC, Savannah, for appellee.
    Case Number: A99A1756

    Officer's failure to read the last word of the implied consent warning did not alter warning's substance such that defendant's refusal to submit to blood testing should be suppr

  • Felix v. State

    Publication Date: 2000-01-21
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    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Ellis C. Smith and James C. Thornton, Lagrange, for appellant.
    for defendant: . Peter J. Skandalakis, District Attorney, LaGrange, and Todd A. Orston, Assistant District Attorney, Newnan, for appellee.
    Case Number: A98A1566

    On remand from the Supreme Court, the Court of Appeals found that police officers did not illegally execute a search warrant by waiting only five to ten seconds after knocking on defendants' door be

  • Lowe v. State

    Publication Date: 2000-01-21
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    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Maria Murcier-Ashley and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A00A0307

    Defense counsel was not ineffective for failing to request a mere presence charge since the overwhelming evidence showed that defendant actively participated in the bur

  • In the Interest of V.H.W. & S.D.R.W.

    Publication Date: 2000-01-21
    Practice Area:
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    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Mario S. Ninfo Ninfo & Ledbetter, Covington, and Richard K. Milford Milford & Milford, Carnesville, for appellant.
    for defendant: Thomas A. Camp, Athens, 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: Nadine D. Bailey, Athens, and Victor Y. Johnson Graham & Assocs., Danielsville.
    Case Number: A00A0125

    Mother's neglecting her children, failing to provide financial support while they were in foster care and failing to comply with reunification plan supported termination of her parental r

  • Hopson v. Kennestone Hosp. Inc.

    Publication Date: 2000-01-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank J. Beltran and Charlotte K. Perrell Beltran & Assocs., Atlanta, for appellant.
    for defendant: Henry D. Green Jr. and David V. Johnson Browning & Tanksley LLP, Marietta, for appellee.
    Case Number: A99A1852

    The defendant's failing to object to her former husband's request for her drug rehabilitation records from the plaintiff hospital did not waive her patient-psychiatrist privilege since privileged ma

  • Morton v. State

    Publication Date: 2000-01-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A99A2315

    Waitress's identification of defendant as the masked man who held restaurant employees and customers at gunpoint while his masked associate took the money supported the convic

  • Odom v. State

    Publication Date: 2000-01-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Coatsey Ellison, Morrow, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A99A2297

    The state did not discriminate on the basis of gender when it struck a single father because he might sympathize with defe

  • Russell v. Barnett Banks Inc.

    Publication Date: 2000-01-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph J. Saia Saia, Richardson & Meinken, Peachtree City, for appellant.
    for defendant: William A. Dupre IV Miller & Martin, Atlanta, for appellees.
    Case Number: A99A2101

    Bank had no fiduciary duty to ensure construction quality of plaintiff's home before releasing construction loan funds to builder since bank and plaintiff had opposing interests as debtor and cre

  • Reese v. State

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: James D. McDade, District Attorney, and Stephen L. Corso, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A99A1897

    Evidence of the victim's disciplinary history in her employment as a police officer could not be used to impeach her since it did not involve a conviction of a crime involving moral turp

  • Shepherd v. Winn Dixie Stores Inc.

    Publication Date: 2000-01-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick S. Eidson, Mark G. Pitts and Robert M. Beauchamp Beauchamp & Assocs., Albany, for appellant.
    for defendant: Robert M. Clyatt and Carl G. Fulp III Clyatt, Clyatt & Devaughn, Valdosta, for appellee.
    Case Number: A99A2128

    Store manager's affidavit did not prove store's reasonable inspection procedure, since it was not apparent that he had personal knowledge that the store followed the procedure on the day plaintiff