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  • Daniel v. Daniel

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lance N. Owen Shepherd & Johnston, Griffin, for appellant.
    for defendant: Alan W. Connell, Thomaston, for appellee.
    Case Number: S04A0740

    An award of lump-sum "alimony" to the wife was not dischargeable in bankruptcy because the award was for her maintenance and su

  • Wilson v. Wilson

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jan V. Hinson, Alice A. Blanco, Duluth, and Robert L. Jones, Marietta, for appellant.
    for defendant: David A. Webster, Atlanta, for appellee.
    Case Number: S04F0234

    Georgia courts take an intermediate approach to the question of whether parties in a civil action have an absolute right to closing arg

  • Pearson v. State

    Publication Date: 2004-05-14
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0583

    The defendant shot the murder victim six times as the victim sat in his car in the parking lot of the defendant's apartment co

  • Skaggs v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0627

    The trial court properly excluded irrelevant statistical analyses dealing with instances of fatal traumatic brain injuries since statistics on the frequency or infrequency of death from brain trauma

  • Lindsey v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lawanda J. O'Bannon, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Katherine Diamandis, Senior Assistant Solicitor, Atlanta, for appellee.
    Case Number: S04A0224

    O.C.G.A. § 16-11-126 d, which allows for the transportation of a gun in an automobile so long as it is visible or "in the glove compartment, console or similar compartment," is not unconstitutionall

  • Graddy v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Bryant H. Bower Jr., Waycross, and Berrien L. Sutton Sutton & Assocs. PC, Homerville, for appellant.
    for defendant: Robert B. Ellis Jr. and Timothy L. Eidson, District Attorneys, Nashville, for appellee.
    Case Number: S03G1611

    Cases typified by Towe v. State, 246 Ga. App. 808 2000, are overruled to the extent they place the burden of proof on a defendant who challenges a search wa

  • Demons v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Tony L. Axam Axam, Adams & Secret PA, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, Chad M. Doleac, Brian J. Amero Sr., Assistant District Attorneys, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Andrette Watson, Assistant Attorney General, Atlanta for appellee.
    Case Number: S04A0413

    The recent United States Supreme Court decision in Crawford v. Washington, __U.S.__ Case Number 02-9410. decided March 8, 2004, allows state courts to consider reliability factors beyond prior oppo

  • Brooks v. Green

    Publication Date: 2004-04-09
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Billy R. Smith, Atlanta, for appellant.
    for defendant: John E. Robinson and Gregory H. Blazer McLarty, Robinson & Van Voorhies LLP, Decatur, for appellee.
    Case Number: S04A0369

    Evidence authorized the trial court to find that title to a disputed 11-foot wide strip of land was part of t endant's half of a 60-foot right-of-way that DeKalb county abandoned and deeded to

  • Sweeney v. Landings Assoc. Inc.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Matthew M. Bush and Dwight T. Feemster Duffy & Feemster LLP, Savannah, for appellant.
    for defendant: . Thomas J. Mahoney Jr. Ranitz, Mahoney, Mahoney & Moss PC, Savannah, for appellee.
    Case Number: S04A0564

    The restrictive covenants in the plaintiffs' subdivision automatically renewed by express provision for 10-year intervals upon expiration of the original 20-year enforcement p

  • Candies v. Hulsey

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Renzo Wiggins Wiggins Law Office, Ringgold, for appellant. Peter C. Ensign Ensign & Bowe, Chattanooga, Tenn., for appellee.
    for defendant:
    Case Number: S04A0301

    A document in which the decedent named the propounder as her medical guardian served an inter vivos purpose and was completely inconsistent with the creation of a