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Publication Date: 2006-09-29
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Julie A. Adams and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellant.
for defendant: Bruce H. Morris Finestone & Morris, and Mark J. Kadish, Atlanta, for appellee.
Case Number: S06A1179
The habeas court applied the incorrect legal standard in finding the type of prejudice, which is necessary to excuse procedural default, regarding the defendant's claims of error, which were abandon
Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Ricky W. Morris Jr., McDonough, and J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
Case Number: S05G1394
The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing a cit
Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellant.
for defendant: David S. Walker Jr., Snellville, for appellee.
Case Number: S06A0885
The trial court erred in ruling that certain debts the husband was required to assume pursuant to his property settlement agreement with wife were not dischargeable in husband's bankruptcy action, s
Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Donald H. Stephens, Atlanta, for appellant.
for defendant: Barry L. Zimmerman Zimmerman & Assocs., Linda K. DiSantis, City Attorney, Cleora S. Anderson and Dennis M. Young City of Atlanta Law Dep't, Atlanta, for appellee.
Case Number: S06A1129
The trial court did not err in adopting the examiner's report that the city never abandoned the road without reviewing the transcript of the examiner's hearing, since O.C.G.A. § 44-2-103 b only requ
Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
for defendant: Daniel J. Porter, District Attorney, Lawrenceville, David K. Keeton, Matthew D. Crosby and Karen M. Harris, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: S06G0019
The defendant did not show prejudice from his counsel's failure to object when the trial court limited his closing arg to only one hour, even though he was entitled to a 2-hour closing arg
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Publication Date: 2006-07-21
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Alfred N. Corriere Vansant & Corriere LLC, Albany, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Reagan W. Dean, Claude M. Sitton, Assistant Attorneys General, Atlanta, for appellees. Other party representation: Kelly R. Castellow and Timothy J. Buckley III Finley & Buckley, Atlanta.
Case Number: S05G1058
An expert's opinion regarding the proximate cause of an accident was not speculative and the expert's credibility was a matter for the jury to d
Publication Date: 2006-07-21
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: J. Brown Moseley Hall, Booth, Smith & Slover, Albany, for appellant.
for defendant: David A. Kendrick Kirbo & Kendrick, Bainbridge, for appellee. Amicus appellee: David E. Hudson Hull, Towill, Norman, Barrett & Salley, Augusta, and Hollie G. Manheimer Stuckey & Manheimer, Decatur.
Case Number: S06A0332
The grand jury's issuance of presentments to the county board of commissioners questioning the propriety of the manner in which the commissioners handled county employee vacation and overtime polic
Publication Date: 2006-07-07
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: J. Brown Moseley Hall, Booth, Smith & Slover, Albany, for appellant.
for defendant: Bruce M. Edenfield, Susan L. Rutherford Gray, Hedrick & Edenfield LLP, Thurbert E. Baker, Attorney General, Christopher S. Brasher, Nicholas G. Dumich, Marla-Deen Brooks, Assistant Attorneys General, Atlanta, and Joseph K. Mulholland, District Attorney, Bainbridge, for appellee. Amicus appellant: Charles C. Olson Prosecuting Attorneys' Council of Ga., Atlanta.
Case Number: S06A0035
The former District Attorney for the Southern Georgia Judicial Circuit had standing in his former official capacity as state's counsel in all criminal matters pending in the circuit to challenge O.C
Publication Date: 2006-06-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Ray O. Lerer, Senior Assistant Attorney General, Eric A. Kane, Assistant Attorney General, Atlanta, and Cynthia A. Presto Presto & Berggren LLC, Roswell, for appellant.
for defendant: . Richard W. Wilson Jr. Wilson, Brock & Irby LLC, Atlanta, and Hylton B. Dupree Jr. Dupree, King & Kimbrough, Marietta, for appellee.
Case Number: S06A0727
The trial court lacked jurisdiction to strike parts of DOT Rule 627-9-.05-pertaining to guidelines enabling the DOT to determine whether to request a landfill exemption from the Federal Aviation Adm
Publication Date: 2006-06-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Ray C. Smith, Richmond Hill, and James A. Chamberlin Jr., Brunswick, for appellant.
for defendant: John D. Harvey Murray & Harvey LLC, Richmond Hill, Thurbert E. Baker, Attorney General, and Isaac Byrd, Deputy Attorney General, Atlanta, for appellee.
Case Number: S06A0545
The state of Georgia holds title to the beds of all tidew within the state, except where title can be traced to a valid Crown or state grant, which explicitly conveyed the beds of such tidew
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