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Publication Date: 2010-10-01
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Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, Dana J. Norman, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A1133
The psychologist, who testified at the new trial hearing, did not evaluate the defendant and was unable to offer any opinion contrary to the court-appointed psychiatrist's opinion that the defendant
Publication Date: 2010-10-01
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Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Ronald J. Ellington Virgil L. Brown & Associates, Zebulon, for appellant.
for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A1063
The defendant admitted that he fatally shot his
Publication Date: 2010-07-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0866
Evidence showed that the 15-year-old defendant voluntarily and knowingly waived his Miranda rights, before giving his custodial stat
Publication Date: 2010-07-23
Practice Area:
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Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Charles A. Gower, Ben B. Philips, Columbus, Michael B. Terry, Frank M. Lowrey IV and Jason J. Carter Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
for defendant: Bryan A. Powell, Lawrence J. Bracken II and Jason M. Beach Hunton & Williams LLP, Atlanta, for appellee. Amicus appellee: Dwight J. Davis, Barry Goheen and Jennifer D. Fease King & Spalding LLP, Atlanta.
Case Number: S10Q0193
The general rule of allowing the named class plaintiffs to satisfy preconditions for suit on behalf of the entire class applied in this case and the unique statutory requirements of former O.C.G.A.
Publication Date: 2010-07-23
Practice Area:
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Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
for defendant: Tracy G Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0948
Officers properly stopped the defendant at a road safety checkpoint, which was authorized by supervisory pers
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Publication Date: 2010-07-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
Case Number: S09G1927
The presumption of vindictiveness in North Carolina v. Pearce, 395 U. S. 711 1969, whenever more a severe sentence is imposed, after a new trial, is not triggered, unless the new aggregate sentence
Publication Date: 2010-07-09
Practice Area:
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Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
for defendant: Adam N. Struletz Spielman Law Group LLC, Atlanta, for appellee.
Case Number: S10G0459
O.C.G.A. § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorneys' fees as a matter o
Publication Date: 2010-06-18
Practice Area:
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Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: James A. Meaney III Perrotta, Cahn & Prieto PC, Dalton, for appellant.
for defendant: Larry B. Hill, LaFayette, for appellee.
Case Number: S10F0874
The evidence, though conflicting, satisfied the Alabama criteria for a common law marriage in this
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
for defendant: Robert W. Lavender, District Attorney, Elberton, James W. Webb, Senior Assistant District Attorney, Danielsville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
Case Number: S10A0674
The trial court lacked authority to grant the state's motion for reconsideration of the grant of the defendant's motion for change of venue on pre-trial publicity grounds, after expiration of the te
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, Jeffrey W. Stump and Amy C. M Burns, Assistant Attorney General, Atlanta, for appellant.
for defendant: Michael J. Bowers, J. Matthew Maguire Jr. and Marlie A. McDonnell Balch & Bingham LLP, Atlanta, for appellee.
Case Number: S10A0397
The Administrator of the Fair Business Practices Act of 1975's investigative demand, which he issued to a law firm seeking to collect debts on behalf of creditors, was an improper attempt to regulat
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