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  • Haugen v. Henry County

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James L. Haugen, McDonough, for appellant.
    for defendant: Michael A. O'Quinn and Donald A. Cronin Jr. O'Quinn & Cronin, McDonough, for appellees.
    Case Number: S03A1444

    Where the actual cost exceeds the estimated cost of any unfinished pr SPLOST revenue collected in excess of the estimated cost may be used to complete that pr

  • Crister v. McFadden

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert C. Lamar and David W. Davenport Lamar, Archer & Cofrin LLP, Atlanta, for appellant.
    for defendant: . Michael J. Hannan III Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for appellee. Amicus appellant: Mark L. Stuckey, Macon. Amicus appellee: Rolfe M. Martin and Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    Case Number: S03G0875

    The trial court's jury charge could have misled the jury to believe that evidence that the plaintiff suffers from a "bad result" following medical treatment was not a relevant factor in establishing

  • Moccia v. Moccia

    Publication Date: 2004-02-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James J. McGinnis McGinnis & Chambers LLC, Atlanta, for appellant. Barry B. McGough and Gregory R. Miller Barry B. McGough PC, Atlanta, for appellee.
    for defendant:
    Case Number: S04A0095

    The trial court's order erroneously provided for the father's immediate arrest based only on the mother's submission of an affidavit stating that he failed to pay his past due child support by a spe

  • Titleman v. Stedman

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Wendy J. Titelman, New Orleans, La., proceeded pro se. Dorothy H. Bishop, County Attorney, and Deborah L. Dance, Assistant County Attorney, Marietta, for appellee. Amicus appellant: Richard E. Harris, Atlanta, Alene R. Levy, Ann Al-Bahish and Mercy L. Carrasco-Lowe, Houston, Texas.
    for defendant:
    Case Number: S03A1159

    Petitioner was entitled to mandamus relief where a judge refused to file her depriv petition without signing an order or providing any written document

  • Head v. Hill

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, and Patricia B. Burton, Assistant Attorney General, Atlanta, for Head. Brian S. Kammer and Thomas H. Dunn Georgia Resource Ctr., Atlanta, for Hill. Amicus appellees: James C. Bonner Jr., Sarah L. Gerwig Georgia Indigent Defense Council, Michael M. Mears, Holly L. Geerdes, Multi-County Pub. Defenders, Gerald R. Weber Jr. American Civil Liberties Union, John R. Martin Martin Bros. PC, and Nicholas A. Lotito, Atlanta.
    for defendant:
    Case Number: S03A0559, S03X0560

    The habeas court erred in not applying the pipeline rule to the defendant's habeas petition based on the decision in Ring v. Arizona, 536 U.S. 584 2002, which established a new rule of procedura

  • In the Interest of L. J. P., a child

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James A. Yancey Jr., Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and W. Franklin Aspinwall Jr., Assistant District Attorney, Woodbine, for appellee.
    Case Number: S03G0587

    The officer's testimony regarding the victim's pre-hearing identification of the juvenile was admissible under the out-of-court identifications exception to the hearsay rule, even though the victim

  • Hamilton v. Renewed Hope Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes & Miller PC, Atlanta, for appellant.
    for defendant: Robert J. Proctor and Bradley A. Hutchins Proctor & Chambers, Atlanta, for appellee.
    Case Number: S03A1369

    A jury issue remained as to whether the address appearing in an outdated telephone directory and known to the management office of a foreclosed upon condominium was reasonably ascertainable under th

  • Walker v. Houston

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Madonna M. Heinemeyer and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Freddie Houston, Oglethorpe, proceeded pro se.
    Case Number: S03A1392

    The defendant did not show that he was prejudiced by his counsel's failure to make a meritless objection object to the introduction of evidence that defendant committed a similar robbery in Fl

  • Perkins v. State

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: R. Gary Spencer, Atlanta, for appellant.
    for defendant: Jody L. Peskin, Assistant Solicitor General, Robert B. Dixon, Leonard M. Geldon Office of Solicitor General, and Carmen D. Smith, Atlanta, for appellee.
    Case Number: S03A1325

    O.C.G.A. § 17-6-58 a did not provide the defendant with fair notice that he could be held criminally responsible for acting as a bail recovery agent in Fulton County if he failed to renew his regis

  • Roebuck v. State

    Publication Date: 2003-10-31
    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 Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0860

    An expert's reliance on hearsay affects the weight, not the admissibility of the expert's op