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  • Wright v. State

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith and Ruth M. Pawlak, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1890

    The defendant fatally shot the unarmed victim as the victim fled behind his grandfather's

  • Le v. State

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James J. Lacy, Brunswick, 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 Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0129

    Defendant and his co-defendant shot into the victims' car when the victims drove into an apartment complex to pick up a f

  • Roberts v. State

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James J. Lacy, Brunswick, 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 Kyle A. Pearson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1807

    A juror's bias, experience with false accusations and belief that the judicial system is unfair may be grounds to excuse the juror for

  • Patel v. Patel

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael J. Moore and Matthew R. Hall, Warner Robins, for appellant.
    for defendant: Floyd M. Buford Jr. Buford & Buford, G. Samuel Burnette and Benjamin D. Driggers, Macon, for appellee.
    Case Number: S02A1902

    Although the trial court granted sole physical custody to the mother, the trial court complied with the requirements of Brandenburg v. Brandenburg, 274 Ga. 183 2001, by granting the father liberal v

  • State v. Lejeune

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, and Thurbert E. Baker Jr., Attorney General, Atlanta, for the state. Brian Steel The Steel Law Firm PC, and August F. Siemon III, Atlanta, for Lejeune.
    for defendant:
    Case Number: S02A1277; S02A1346; S02A1349

    Police lacked probable cause to search defendant's vehicle that was legally parked in defendant's residential parking space when defendant and his girlfriend were arrested for suspected m

  • Benefield v. State of Ga.

    Publication Date: 2003-01-24
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Deborah C. Benefield, Jonesboro, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Jeffrey L. Milsteen, Christopher S. Brasher, Assistant Attorneys General, Atlanta, and Christopher G. Nicholson, Augusta, for appellee.
    Case Number: S02A1736

    A superior court judge lacked subject matter jurisdiction to determine the underlying constitutionality of the statute creating a 3-judge sentence review panel after the term of court in which the d

  • Department of Human Resources v. Allison

    Publication Date: 2003-01-24
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Atlanta, Anita D. Trotter, Assistant District Attorney, Clarkesville, and Katherine S. Davis, Catonsville, Md., for appellant.
    for defendant: M. Steven Campbell and James N. Butterworth, Cornelia, for appellee.
    Case Number: S02A1446

    The Department of Human Resources had no authority to file an action for the downward modification of a parent's child support obligation absent a showing that the child was already subject to an en

  • Ballard v. Meyers

    Publication Date: 2002-11-22
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Hilliard V. Castilla Harper, Waldon & Craig, Atlanta, for appellant.
    for defendant: John W. Mrosek, Fayetteville, Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz, Athens, and Seaton D. Purdom Gambrell & Stoltz LLP, Atlanta, for appellees. Amicus appellant: Steven P. Gilliam, Robert A. Weber Smith, Gilliam, Williams & Miles PA, Gainesville, Walter B. McClelland Mabry & McClelland LLP, and James E. Singer Bovis, Kyle & Burch LLC, Atlanta.
    Case Number: S01G1647

    A certified copy of the plaintiffs' complaint in a prior injury suit was admissible for impeachment purposes after one plaintiff testified that he did not remember the amount of damages sought in th

  • Braley v. State

    Publication Date: 2002-11-22
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, and William A. Adams Jr., Thomaston, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, Daniel A. Hyatt, Assistant District Attorney, Griffin, Thurbert E. Baker Jr., Attorney General, and Romin V. Alavi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02P1191

    The prosecutor's closing argument asking the jury to imagine what the victim felt like did not require reversal since there was no reasonable probability that the improper argument influenced the ju

  • O'Donnell v. Durham

    Publication Date: 2002-11-22
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Duana R. Sanson, Decatur, for appellee.
    Case Number: S02A0827

    The habeas court exceeded its authority in granting the defendant bail, pending the warden's appeal of the grant of her writ of habeas corpus, since the defendant was sentenced in another c