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  • Robinson v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Robert H. Citronberg, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, District Attorney, Robert M. Coker, Jeanne M. Canavan, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1718

    The defendant was not in custody for Miranda purposes when he voluntarily came to the police station and gave his stat

  • Popham v. Popham

    Publication Date: 2005-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: James A. Satcher Jr., Rome, for appellant.
    for defendant: Frank H. Jones, Rome, for appellee.
    Case Number: S04F1553

    Evidence that the husband used Viagra was admissible and relevant to the wife's claims that he had several extramarital sexual relation

  • H. G. Brown Family Ltd. Partnership v. City of Villa Rica

    Publication Date: 2005-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Joseph H. Fowler Hartley, Rowe & Fowler, Douglasville, for appellant.
    for defendant: . Charles D. Mecklin Jr. Tisinger, Tisinger, Vance & Greer, Carrollton, and Andrew J. Whalen III Mullins, Whalen & Westbury, Griffin, for appellees.
    Case Number: S04A1665

    An agreement requiring the city of Villa Rica to reclaim wetlands on property it bought from the appellee was void as an ultra vires contract, since the city acted in complete disregard to the requi

  • Thompson v. Thompson

    Publication Date: 2004-12-30
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Charles M. Cork III Reynolds & McArthur, Macon, for appellant.
    for defendant: John K. Train IV and Claire C. Murray Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees.
    Case Number: S04G0766

    The trial court reversibly erred in a medical malpractice case in charging the jury that proximate cause is "sometimes called the dominant c

  • Lassic v. State

    Publication Date: 2004-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Ingrid D. Polite, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Bradford R. Pierce, Kathryn O. Fallin, Assistant District Attorneys, Albany, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1535

    The trial court did not improperly comment on the evidence when it privately rebuked defense counsel for misstating the evidence in cl

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Wilford v. State

    Publication Date: 2004-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas E. Maddox Jr., Orange Park, Fla., for appellant.
    for defendant: James D. McDade, District Attorney, Christopher R. Johnson and Jeffrey L. Ballew, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: S04G0894

    Double jeopardy does not prohibit review of a defendant's sentence after he has begun servi

  • McMiller v. State

    Publication Date: 2004-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, William D. Kelly Jr., Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1704

    The defendant could not complain that the trial court used the specific language he requested in charging the jury on involuntary manslaughter and reckless co

  • Thompson v. Thompson

    Publication Date: 2004-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Charles M. Cork III Reynolds & McArthur, Macon, for appellant.
    for defendant: John K. Train IV and Claire C. Murray Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees.
    Case Number: S04G0766

    The trial court reversibly erred in a medical malpractice case in charging the jury that proximate cause is "sometimes called the dominant c

  • Scott-Lasley v. Lasley

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Anthony M. Zezima, Atlanta, for appellant.
    for defendant: James J. McGinnis McGinnis & Chambers LLC, Atlanta, for appellee.
    Case Number: S04F1012

    A provision in the parties' agreement, which provided for an automatic change in custody in the event that one of the parties moved outside the 7-county metropolitan Atlanta area, violated the Court

  • Dyer v, State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Ruth P. Marks, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Herman M. Kilgore, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr.. Assistant Attorney General, Atlanta, for appellee. Amicus appellant: J. Guy Sharpe Jr., Marietta, and James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S04A1259

    The detective's statement that he was going to have "sucked" out of the defendant's arm did not convey any threat of bodily harm where the detective had a search warrant for the defendant's