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  • Barrett v. State

    Publication Date: 2002-11-08
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Jason Deal, District Attorney, Lee Darragh, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1297

    Evidence that the victims had access to guns possessed by third parties was speculative and not relevant to defendant's claim of justific

  • Bonner v. Northwest Bank Minnesota NA

    Publication Date: 2002-10-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: David U. Crosby and Matthew D. Crosby Crosby & Assocs., Atlanta, for appellant.
    for defendant: William S. Sutton McLain & Merritt PC, Atlanta, for appellee.
    Case Number: S02A1311

    The plaintiffs had superior title to property as bona fide purchasers for value at a judicial foreclosure sale, regardless of whether the debtors obtained title to the property through a fraudulent

  • Williams v. State

    Publication Date: 2002-10-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Angela Y. Brown Brown & Gill LLC, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1504

    Defendant waived objection on appeal to the pre-trial photographic line-up because he failed to object to the in-court identifica

  • Doctor v. State

    Publication Date: 2002-10-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John T. Strauss, Covington, and Anthony S. Carter, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1121

    Defendant's guilty plea to theft by taking did not bar his subsequent trial on the greater offense of robbery by force where both offenses were prosecuted under a single indic

  • Evans v. State

    Publication Date: 2002-10-11
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: R. Gary Spencer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1482

    A witness's testimony regarding defendant's possession of a gun on the night of the murder was not affected by the severance of an armed robbery charge which occurred on the same night as the murder

  • Harrell v. State

    Publication Date: 2002-10-11
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William D. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Justo C. Cabral III, Assistant District Attorney, Valdosta, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1099

    The trial court's error, if any, in incorrectly informing the defendant that he could seek a review of his sentence for malice murder had no impact on the defendant's decision to enter his plea bec

  • Lucas v. State

    Publication Date: 2002-10-11
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Norman H. Cuadra, Lawrence J. Zimmerman and Jason J. Kesser, Decatur, for appellant.
    for defendant: Jerry Rylee, Solicitor, and William B. Hollingsworth, Assistant Solicitor, Gainesville, for appellee.
    Case Number: S02A0802

    O.C.G.A. § 249-103, which requires officers to obtain a qualified interpreter when taking a hearing impaired person into custody, does not violate equal protection by failing to provide such accomm

  • Horwitz v. Weil

    Publication Date: 2002-09-27
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kenneth P. Johnson and Carl S. Pedigo Jr. McCorkle, Pedigo & Johnson LLP, Savannah, for appellant.
    for defendant: Dwight T. Feemster and Matthew M. Bush Duffy, Feemster & Lewis, Savannah, for appellee.
    Case Number: S02A1073

    Provision in property settlement agreement requiring ex-husband to pay ex-wife up to $50,000 of the net proceeds from the sale of the marital home or on April 1, 2001, was ambiguous, but enforc

  • L. S. Land Co. v. Burns

    Publication Date: 2002-09-27
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Neal H. Howard and William D. James Neal H. Howard PC, Atlanta, for appellant.
    for defendant: . Edward F. Danowitz, Atlanta, for appellee.
    Case Number: S02A0994

    Plaintiff could orally amend her pleadings prior to the taking of any evi

  • Taylor v. State

    Publication Date: 2002-09-27
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas R. McBerry, Chief Assistant District Attorney, McDonough, Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1037

    The defendant committed aggravated assault by shooting the victim with a gun and committing armed robbery by showing the gun and demanding