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  • Hardin v. Brookins

    Publication Date: 2002-09-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert E. Perrine Jr., Leesburg, for appellant.
    for defendant: Charles C. Stewart Jr., Donalsonville, for appellee.
    Case Number: S02A1205

    An out-of-state nolo plea to a felony drug charge did not disqualify the appellee from holding a public office in Ge

  • Southern Healthcare Sys. Inc. v. Health Care Capital Consol. Inc.

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John P. MacNaughton, Gregory O. Shenton, Robert C. Threlkeld Morris, Manning & Martin LLP, Atlanta, Dale R. Baringer Schaneville & Baringer, James S. Holliday Jr., and Evest A. Broussard III James S. Holliday APLC, Baton Rouge, La, for appellant.
    for defendant: William B. Brown Heyman & Sizemore LLC, Atlanta, and Leighton Aiken Owens, Clary & Aiken LLP, Dallas, Texas, for appellees.
    Case Number: S02A0640; S02A1137

    The defendant was in contempt for violating an injunction against managing its own health care facilities, even though a senior lender insisted that the defendant continue its own manag

  • Austin v. State

    Publication Date: 2002-08-02
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Leslie J. Cardin, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Jacquelyn L. Johnson, Assistant District Attorney, Brunswick, Thurbert E. Baker Jr., Attorney General and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0870

    The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon was harmless since defendant's intent was not at issue where he presented a battered-pers

  • Arnold v. Arnold

    Publication Date: 2002-08-02
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Tina G. Stanford Smith, White, Sharma & Halpern, Forest Park, and David A. Webster, Atlanta, for appellant.
    for defendant: Julian T. Arnold, Clarkston, proceeded pro se. Amicus Appellant: Stephen R. Scarborough Lambda Legal Def/Educ Fund Inc., Atlanta.
    Case Number: S02A1020

    The trial court abused its discretion by placing an unauthorized restriction on the wife's exercise of her rights as a custodial parent when it prohibited her children from having any conduct with a

  • Arevalo v. State

    Publication Date: 2002-08-02
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, James M. Miskell, Elizabeth L. Jaeger, Assistant District Attorneys, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Karen A. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02P0342

    A letter to defendant from his brother while they were both jail inmates was admissible as a co-conspirator's statement since defendant and his brother were involved in an ongoing conspiracy to impl

  • Robinson v. State

    Publication Date: 2002-07-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Steven E. Phillips, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0545

    The state proved venue in Fulton County through the officer's testimony that he discovered the victim's body in a yard on the edge of a Fulton County s

  • Colormatch Exteriors Inc. v. Hickey

    Publication Date: 2002-07-12
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Andrew D. Horowitz and Hall F. McKinley III Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Eugene C. Brooks IV Weisenbaker & Brooks, David H. Johnson McCorkle, Pedigo & Johnson LLP, and Russell M. Stookey, Savannah, for appellees. Amicus appellant: Frank O. Brown Holland & Knight LLP, Atlanta.
    Case Number: S01G1036; S01G1063

    The 4-year statute of limitation under O.C.G.A. § 9-3-30 on plaintiffs' product liability claims arising out of the use of synthetic stucco in the construction of their home began to run at the time

  • Golden Peanut Co. v. Bass

    Publication Date: 2002-05-10
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett, Candace N. Smith, Paul J. Kaplan Alston & Bird, Emmet J. Bondurant, Michael B. Terry and Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Griffin B. Bell, Benjamin F. Easterlin IV, Michael C. Russ, John P. Brumbaugh King & Spalding, Atlanta, Whitney G. Saunders Saunders, Babineau & Brewbaker LLC, Suffolk, Va., and Wayne S. Weaver Southwestern Peanut Shellers Assoc., Stephenville, Texas, for appellees. Amicus appellant: Evans J. Plowden Jr., Dawn G. Benson, and Charles K. Wainwright II Watson, Spence, Lowe & Chambless LLP, Albany.
    Case Number: S01G1157

    Contract clause relating to the sale of additional peanuts at a higher than contracted price was not void for violation of federa

  • Harvell v. State

    Publication Date: 2002-04-26
    Practice Area:
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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, Thurbert E. Baker Jr., Attorney General, Jennifer S. Gill and Marc A. Mallon, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A0421

    Although the defendant initially invoked his right to counsel, he waived his rights when he initiated further contact with the police and then freely and voluntarily signed a w

  • Canada v. State

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney H. Bennett The Bennett Law Firm, Rossville, for appellant.
    for defendant: Robert E. Franklin Jr., District Attorney, Chris A. Arnt, Assistant District Attorney, LaFayette, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0446

    The trial court did not abuse its discretion in denying funds for expert testing of the steak knife used in a stabbing and a pocketknife belonging to the victim for traces of the defendant's blood s