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  • Phillips v. State

    Publication Date: 2003-10-17
    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, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1160

    Defense counsel's decision not to challenge a prospective juror was a matter of trial strategy where the colloquy between the trial court and uror demonstrated that the trial court rehabilitate

  • Head v. Hill

    Publication Date: 2003-10-06
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    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

  • Gates v. Gates

    Publication Date: 2003-10-06
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert A. DeMetz Jr. Shur, McDuffie, Williams & Morgan, Atlanta, for appellant.
    for defendant: Michael L. Chidester, Byron, for appellee.
    Case Number: S03A1305

    Marriage extinguishes antenuptial rights of action between a husband and wife and neither a divorce, separation or pending divorce proceeding resurrects a prenuptial tort

  • In the Interest of L. J. P.

    Publication Date: 2003-10-03
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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

  • Wright v. Wright

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William R. Oliver, Cornelia, for appellant.
    for defendant: Thomas J. Browning Browning & Tanksley LLP, Marietta, for appellee.
    Case Number: S03F1141

    The trial court's award to the husband in a divorce action was not erroneous simply because he received a seemingly greater share of the marital pro

  • Sparks v. State

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James W. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Alan A. Cook, Assistant District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0989

    Defendant who denied being present when the victim was killed was not entitled to a sua sponte charge on voluntary manslau

  • Blaylock v. Blaylock

    Publication Date: 2003-09-26
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John C. Mayoue, Paul J. Coburn and Hope C. Allen Warner, Mayoue, Bates, Nolen & Collar PC, Tl, for appellant.
    for defendant: Frank W. Virgin Slaughter & Virgin PC, Atlanta, for appellee.
    Case Number: S03A0824

    Under O.C.G.A. § 19-5-1, the wife had a substantive right to a jury trial, where the husband raised an issuable defense to her comp

  • Haley v. Regions Bank

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard R. Cheatham, Stephen E. Hudson and Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: David G. Ross, Nicole J. Wade, William J. Linkous Jr. Powell, Goldstein, Frazer & Murphy, Atlanta, Robert K. Raulerson Perry & Walters LLP, Albany, and Charles C. Clay Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta, for appellee. Other Party Representation: James E. Reynolds Jr. Perry & Walters LLP, Albany.
    Case Number: S03A1059

    The law in effect at the time of the testator's death extended full inheritance rights to adopted children, unless expressly excluded, and the testator's use of the term "lineal descendents" in his

  • Mikenny v. State

    Publication Date: 2003-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Margaret E. Bagley, Assistant District Attorney, Columbus, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0958

    Where the a count charging the defendant with the predicate felony contained all of the necessary elements of the predicate offense, the defendant's indictment for felony murder based on the predica

  • Harvey v. J. H. Harvey Co.

    Publication Date: 2003-08-29
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett and Heather R. Peoples Alston & Bird, Atlanta, for appellant.
    for defendant: Frank C. Jones, Macon, Benjamin F. Easterlin IV, Cheri A. Grosvenor King & Spalding, Atlanta, W. Daniel Knight Jr. and J. Reese Franklin, Nashville, for appellee.
    Case Number: S02G1713

    The concept of constructive service was applicable to an action for breach of an employment contract which provided that the plaintiff would serve as the defending company's President and Chief Oper