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  • Wilkie v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert H. Citronberg and Michael D. Mann, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick and Brett E. Pinion, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1463

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the 5.5-year delay in bringing the defendant to trial was insufficient to establish a violation of

  • Amerireach.com LLC v. Walker

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, and Dana M. Campbell Owens, Clary & Aiken LLP, Dallas, Texas, for appellants. Amy C. M. Burns, Assistant Attorney General, Atlanta, and Henry A. Turner, Decatur, for appellee.
    for defendant:
    Case Number: S11G0417

    The fiduciary shield doctrine unfairly prejudices plaintiffs with valid claims against individual defendants who act in their corporate capacity in Ge

  • Gandy v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John G. Wolinski, Hahira, for appellant. J. David Miller, District Attorney, Valdosta, Brian A. McDaniel, Assistant District Attorney, Moultrie, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0807

    The trial court did not abuse its discretion in failing to declare a mistrial when the defendant's co-indictee testified on redirect that he took a polygraph test, as the comment was unsolicited by

  • CSX Transportation Inc. v. Smith

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James E. Gilson and Karen R. Dunbar Casey Gilson PC, Atlanta, for appellant. Michael J. Warshauer and Douglas C. Dumont Warshauer Law Group PC, Atlanta, for appellee.
    for defendant:
    Case Number: S11G0556

    The trial court should have given the railroad employee's requested charge on an OSHA stair regulation requiring slip-resistant treads and non-slip no

  • Pierce v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason Pierce, Oglethorpe, proceeded pro se. Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1232

    O.C.G.A. § 17-10-32.1 applied to defendant's 1999 crimes and that statute required a finding of at least one statutory aggravating circumstance to sentence a defendant to life without parole in case

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  • Walden v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0722

    The evidence supported the defendant's convictions for cruelty to children, as the jury was authorized to conclude that the presence of the victim's covered, unembalmed corpse in the home of the min

  • Handley v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0943

    Defense counsel was not deficient for failing to object to a witness's assertion of his own credib

  • Spurlin v. Spurlin

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Anthony M. Zezima, Atlanta, for appellant. Eric W. Norris, Watkinsville, for appellee.
    for defendant:
    Case Number: S11F0864

    Absent a transcript, the tr urt correctly ruled that sufficient evidence supported its determination that the husband complied with the affirmative duty of full and fair disclosure of his finan

  • Elvie v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer M. Daniels, Decatur, for appellant. Daniel J. Porter, District Attorney, John A. Warr, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0918

    The trial court did not violate Edge v. State, 261 Ga. 865 1992, because it instructed the jury that before returning a verdict of guilty as to malice or felony murder it had to first determine whet

  • Jackson v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Daniel J. Porter, District Attorney, Christa L. Kirk, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1020

    Sufficient corroborating evidence supported the accomplice's testimony implicating the defendant in the murder and related crimes at