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  • Strong v. Holden

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael T. Smith, Brook A. Davidson and Raymon D. Burns Andrew, Merritt, Reilly & Smith, Lawrenceville, for appellant.
    for defendant: Malane T. Spears Spears & Spears, Decatur, and Harry W. MacDougald Caldwell & Watson LLP, Atlanta, for appellee.
    Case Number: S10A0231, S10A0232

    The averring witnesses testified that the decedent was of sound mind and able to answer questions regarding the value of her assets, the identity of family members and friends, and her scheme of dis

  • Brookfield Country Club Inc. v. St. James Brookfield LLC

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: William V. Custer IV, Jennifer B. Dempsey Powell Goldstein LLC, Larry Chesin and Allan L. Parks Jr. Parks, Chesin & Walbert PC, Atlanta, for appellant.
    for defendant: John J. Almond and Joshua P. Gunnemann Rogers & Hardin LLP, Atlanta, for appellee.
    Case Number: S09G2081

    The ' "Arbitration Code does not permit contracting parties who provide for arbitration of disputes to contractually expand the scope of judicial review that is authorized by statu

  • Barnes v. State

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Anthony S. Carter, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, David E. Boyle, Assistant District Attorney, Monroe, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0323

    The defendant's statement to the interrogating officer that, ' "if you're not going to talk real talk, then we shouldn't talk," ' did not constitute an unequivocal and unambiguous invocation of his

  • Wier v. Wier

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Joseph Szczecko Simons & Szczecko PC, Decatur, for appellant.
    for defendant: Allen W. Bodiford, Stockbridge, for appellee.
    Case Number: S10F0553

    The trial court did not err in awarding the wife $200K in lump sum equitable property division, since the evidence authorized the jury to find that the value of the marital property exceeded that a

  • Westmoreland v. State

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Wallace C. Clayton II Jones, Morrison & Womack PC, Atlanta, for Westmoreland. Edwin J. Wilson, Snellville, for Williams. Patrick H. Head, District Attorney, Dana J. Norman, Jason R. Samuels, Amelia G. Pray, Erman J. Tanjuatco, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General,, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0365, S10A0367

    The homicide of a motorist during the defendants' flight from officers pursuing them following a burglary were within the burglary's res gestae and supported the defendants' convictions for felony m

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • HNTB Georgia Inc. v. Hamilton King

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Richard A. Brown Jr., Steven G. Blackerby Brown Readdick Bumgartner Carter, Brunswick, and Gregory H. Wheeler Carlock, Copeland & Stair LLP, Atlanta, for HNTB Georgia Inc. and Plant Improvement Co.. Robert S. Kraeuter, Brent J. Savage, Kathryn H. Pinckney, Martha W. Williams Savage, Turner, Pinson & Karsman, Savannah, and Nathan T. Williams Clark & Williams PC, Brunswick, for Hamilton-King.
    for defendant:
    Case Number: S09G1219; S09G1224

    The trial court properly excluded the plaintiffs' expert engineering witness, since his conclusions on construction traffic control plans were unreliable under Daubert v. Merrell Dow Pharmaceuticals

  • Hicks v. State

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, John O. Williams, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0177

    The trial court did not err in refusing to charge on voluntary manslaughter, because no evidence showed that the defendant acted out of a sudden, violent and irresistible passion resulting from seri

  • Williams v. State

    Publication Date: 2010-05-28
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Walter W. Williams, Sparta, proceeded pro se. Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0467

    Hamilton v. State, 286 Ga. 572 2010, Hooks v. State, 284 Ga. 531 2008 and other similar prior cases in which the Court considered appeals involving merger claims raised in a motion to vacate a sente

  • Durrence v. State

    Publication Date: 2010-05-28
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Tina E. Maddox Hamilton & Maddox LLC, Vidalia, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Assistant District Attorney, Hinesville, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0608

    The trial court properly placed the burden of proving insanity upon the defendant, since he was never adjudicated i

  • Haynes v. State

    Publication Date: 2010-05-28
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Nancy S. Malcor, Dorothy V. Hull, Assistant District Attorneys, Macon, Thurbert E. Baker, Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0529

    The trial court did not err in denying the defendant's motion to suppress his voluntary custodial statement on the basis that it violated his right to counsel, since the defendant initiated the inte