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  • State v. Perkins

    Publication Date: 2003-08-15
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kermit N. McManus, District Attorney, Dalton, for appellant.
    for defendant: Ralph M. Hinman III, Dalton, for appellee.
    Case Number: S02G1850

    The defendant's conviction in probate court on his guilty plea to misdemeanor reckless driving did not bar his prosecution for a charge of felony vehicular homicide arising out of the same e

  • Acree v. McMahan

    Publication Date: 2003-07-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Walter C. Hartridge, Roy E. Paul, David M. Conner Bouhan, Williams & Levy, Savannah, and John G. Odom Odom & Des Roches LLP, Hahira, for appellant.
    for defendant: . O. Wayne Ellerbee The Ellerbee Law Firm, Valdosta, and Thomas W. Thomas Jr. The Thomas Law Firm PC, Adel, for appellee.
    Case Number: S03G0500

    The doctrine of reverse piercing of the corporate veil is inapplicable in Georgia where it would allow an outsider, such as a third-party creditor, to pierce the veil in order to reach corporate as

  • Tubbs v. State

    Publication Date: 2003-07-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: C. Nathaniel Merritt, Hinesville, Lloyd D. Murray, Richmond Hill, and Therese M. Day Office of Multi-County Public Defender, Atlanta, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Lewis M. Groover Jr. and Mark A. Hendrix, Assistant District Attorney, Hinesville, for appellee.
    Case Number: S03A0935

    The trial court did not abuse its discretion in granting a sua sponte mistrial based on defendant's violation of O.C.G.A. § 17-16-5 a, by failing to list all witnesses he expected to testify in sup

  • Northwest Social and Civic Club Inc. v. Franklin

    Publication Date: 2003-07-25
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Alan I. Begner, Robert M. Adelson and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, R. Roger Bhandari and Kendric E. Smith, Atlanta, for appellee.
    Case Number: S03A1037

    Appellant could not obtain a second review of its claims through a direct appeal after the Supreme Court denied its application for discretionary review on the m

  • Ross v. State

    Publication Date: 2003-07-25
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0892

    The trial court's error in charging the jury that it could infer an intent to kill from the use of a deadly weapon was harmless where the defendant was acquitted of malice m

  • Richardson v. State

    Publication Date: 2003-06-13
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: S02G1698

    Application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the defendant's confrontation

  • Harvey v. J. H. Harvey Co.

    Publication Date: 2003-06-13
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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

  • Fairclough v. State

    Publication Date: 2003-05-30
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Rosemary Brewer, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0213

    Defense counsel's decision to present a justification defense was a matter of trial t

  • Rickett v. State

    Publication Date: 2003-05-30
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James A. Rickett, Marianna, Fla., proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0741

    The habeas court has a mandatory obligation under O.C.G.A. § 9-14-47 to set a hearing on defendant's challenge to his 1986 convi

  • State v. Tye

    Publication Date: 2003-05-16
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Elizabeth L. Markowitz, Fulton County Public Defender, Atlanta, for appellee.
    Case Number: S03A0395

    Based on the totality of the circumstances, defendant's bloody shoes were subject to immediate seizure under the plain view doc