Filter This View

  • Dempsey v. State

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Herman M. Kilgore, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0931

    The defendant's sentence of life imprisonment without the possibility of parole for murder was illegal under the recidivist statute, O.C.G.A. § 17-1

  • Delta Airlines Inc. v. Townsend

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard B. North Jr. and Clinton F. Fletcher Nelson, Mullins, Riley & Scarborough LLP, Atlanta, for appellant.
    for defendant: Irwin W. Stolz Jr., Gene M. Winburn Winburn, Lewis & Barrow PC, Athens, and Richard B. Eason Jr. Eason, Kennedy & Assocs., Atlanta, for appellee. Amicus appellant: Benjamin F. Easterlin IV, John P. Brumbaugh, Alan A. Stevens King & Spalding LLP, Atlanta, and David A. Berg, Washington, D.C.
    Case Number: S05G0251

    The Georgia legislature did not intend Georgia's Dram Shop Statute to apply to airline carriers who serve in-flight drinks to their passe

  • Smith v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Harrison B. Sherwood Sherwood & Sherwood PC, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Thurbert E. Baker, Attorney General, Julie A. Adams and Robin J. Leigh, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S05A0832

    A bystander was shot and killed when the defendant's intended victim d

  • Cox v. Fowler

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Samuel J. Rusbridge Dyer & Rusbridge PC, Canton, and Floyd E. Propst III Caldwell & Watson III, Atlanta, for appellant.
    for defendant: Adam R. Gaslowitz Adam R. Gaslowitz & Assocs. LLC, Atlanta, for appellee.
    Case Number: S05A0708

    The in terrorem clause of the testator's will is not void for failing to name a person who would take in the event the will was contested, since it otherwise provided adequate direction on how the p

  • Simmons v. Sonyika

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Stanley J. Heller Cirignani, Heller, Harman & Lynch LLP, Chicago, Ill., for appellant.
    for defendant: Jason P. Wright Holland & Knight LLP, Atlanta, and Douglas W. Smith Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: S05Q0729

    Georgia law does not allow the unrepres estate statute, O.C.G.A. § 9-3-92 to toll the ultimate statute of repose in medical malpractice actions by the period during which the estate is unrepres

  • Cotton v. State

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, Kay A. Wetherington, Assistant District Attorney, Rome, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0556

    The defendant fired three shots and fatally injured the unarmed victim after the victim attempted to walk away from the confrontation after the defendant drew hi

  • Francis v. Francis

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mark A. Francis, Rosemont, Minn., for appellant.
    for defendant: Ian M. Falcone and Jennifer Y. Zimmerman The Falcone Law Firm PC, Marietta, for appellee.
    Case Number: S05F0547

    The husband waived his objection to the court-appointed psychologist by failing to raise it until

  • Clark v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Gerald L. Henderson, Assistant District Attorney, Perry, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0440

    The defendant was not entitled to charges on lesser included offenses where the evidence showed completion of the greater c

  • Smith v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James E. Goad and Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Erik J. Pirozzi, Assistant District Attorney, Cartersville, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0301

    The defendant was not entitled to a sua sponte charge on his sole defense of authorized entry, because it is not a separate and discrete defense to bur

  • Cox v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: J. Michael Raffauf, Decatur, for Cox in S04A2060. Jeffrey L. Cox, Waycross, proceeded pro se in S05A0033. D. Todd Wooton, for Kellogg in S05A0032. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Anne E. Green, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A2060; S05A0033; S05A0032

    The trial court was not required to strike a prospective juror who acknowledged that he might "lean" towards the state because of a friendship with individuals engaged in prosecutorial activities in