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  • Timmreck v. State

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Benjamin M. First, Wesley C. Ross, Assistant District Attorneys, Lawrenceville, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0155

    The trial court properly admitted Timmreck's pre-Miranda statements, since Timmreck was not in custody when he made

  • Thompson v. Allstate Ins. Co.

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins PC, Vidalia, for appellant.
    for defendant: . Joseph H. Barrow Barrow & Ballew PC, Julie D. Culhane Culhane & Assocs., G. Mason White, James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, Frederick M. Valz III, Hugh M. Ruppersburg and Ambadas B. Joshi Carlock, Copeland & Stair LLP, Atlanta, for appellees. Amicus appellant: Darren W. Penn Harris, Penn & Lowry LLP, Atlanta, and Charles M. Cork III, Macon.
    Case Number: S08G1594; S08G1595

    Although the appellants had to exhaust liability coverage before pursuing UM claims for injuries sustained in the underlying accident, their release did not unambiguously show that the first appella

  • Vega v. State

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Krista C. Dunning, William S. Lewis and Jennifer R. Burns, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Anne M. Elmore, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0023

    The state's failure to produce a completely inaudible videotape did not violate

  • Brown v. State

    Publication Date: 2009-02-06
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Boyd English, placeDouglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, John A. Rumker, Douglas, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1849

    Evidence that the defendant followed the victim out of a store, jumped on him from behind and stabbed him multiple times, authorized the jury to reject defendant's claim that the victim was the aggr

  • In the Interest of D. H.

    Publication Date: 2009-02-06
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Christopher C. McClurg placeCarlisle & McClurg LLP, Lawrenceville, and Nathan A. Hayes, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Sandra B. Cook, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S08A1853

    The stipulated evidence that the juvenile had rolling papers in his pocket and his admission that he and his companion were headed to a construction site to smoke it, supported the juvenile court's

  • Elrod v. Cowart

    Publication Date: 2009-01-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brandon L. Bowen, Erik J. Pirozzi Jenkins & Olson PC, William A. Neel Jr. and B. Shane Haney Neel Law Firm, Cartersville, for appellant.
    for defendant: . Harry B. White, W. Anthony Moss and John T. Mroczko White, Choate & Watkins LLC, Cartersville, for appellee.
    Case Number: S08A1792

    The appellee, as the decedent's adopted adult child, should be deemed as a natural child under testamentary devise, since he was not expressly excluded from the decedent's

  • Rodriguez v. State

    Publication Date: 2009-01-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gerald B. Kleinrock, Corrine M. Mull, Daryl W. Queen, LeeAnne Anthony and Andrew R. Lynch Public Defender's Office, Decatur, for appellant.
    for defendant: . Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Michael S. Carlson, Deputy Chief Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and John E. Floyd Bondurant, Mixon & Elmore LLP, Atlanta, for appellee. Amicus appellant: Gerald W. Weber Jr. and Melanie Velez Southern Ctr. for Human Rights, Atlanta. Amicus appellee: Lee W. O. Shafer Oxendine & Assocs., Duluth, Donald E. Henderson, Decatur, Wendell K. Willard Willard & Sullivan, Michael A. Caldwell Delong, Caldwell & Bridgers LLC, Atlanta, and William F. Riley Jr., Johns Creek.
    Case Number: S08A1928

    Georgia's Street Gang Terrorism and Prevention Act is not unconstitutionally vague or overbroad and does not directly or indirectly infringe upon the First Amendment right to freedom of associ

  • Rumley-Miawama v. Miawama

    Publication Date: 2009-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: Emily S. Bair and George T. Davis Emily S. Bair & Assocs. PC, Atlanta, for appellee.
    Case Number: S08F1541

    The trial court's imposition of a limited visitation schedule in the event that the wife moves out of Georgia constituted a self-executing change of visitation in violation of Georgia's public polic

  • McCloud v. State

    Publication Date: 2008-12-05
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S08A1666

    The defendant can not show a harmful violation of Edge v. State, 261 Ga. 865 1992's prohibition against sequential jury charges where the jury convicts a defendant of malice m

  • O'Kelley v. State

    Publication Date: 2008-11-14
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S08P0916

    Death penalty defendants are entitled to make an opening statement in the sentencing