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  • Sealey v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John A. Beall IV, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Todd E. Naugle, Assistant District Attorney, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Sabrina D. Graham, Assistant Attorney General, Atlanta, for appellee. Other party representation: Michael Mears Georgia Indigent Defense Council, Thomas H. Dunn Georgia Resource Ctr., and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S03P1479

    The defendant failed to make a prima facie showing of actual under-representation of Hispanic persons on the source list from which his grand and traverse juries were

  • Mansour Props. LLC v. I-85/GA 20 Ventures Inc.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Daniel N. Esrey, Peter M. Degnan Alston & Bird, and Warren W. Willis Jr. Morris, Manning & Martin, Atlanta, for appellant.
    for defendant: . John P. O'Brien and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: S03A1484

    The plaintiff waived its right to partition the 110 acres of undeveloped property that it owned with the defendant by contractually obligating itself to certify that any potential transferee would h

  • Cormier v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Nicholas Pagano, Mableton, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Amelia G. Pray, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0357

    Trial counsel's decision not to have defendant's mental health evaluated was based on his determination that no mental health issues were triggered and defendant was able to assist in his own de

  • Domingues v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy District Attorney, Rosemary Brewer, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1458

    Defendant did not show harm from defense counsel's failure to transcribe voir

  • Escutia v. State

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael M. Sheffield, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Peter H. Boehm, Assistant District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0013

    The evidence supported defendant's conviction as a party to crimes arising out of a drive-by gang sho

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Carson v. Carson

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert H. McDonnell, Decatur, for appellant.
    for defendant: Peter F. Boyce and Traci A. Weiss Peter F. Boyce PC, Duluth, for appellee.
    Case Number: S03F1620

    The evidence supported the trial court's award of attorneys' fees to the wife under both O.C.G.A. § 19-6-2 a-based on consideration of the parties' financial circumstances-and O.C.G.A. § 9-15-14 b-f

  • Everritt v. State

    Publication Date: 2003-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: George P. Donaldson III and Misty D. Garrett Donaldson, Bell & Pickett PC, Albany, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Ron S. Smith, Chief Assistant District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0850

    Defendant could not reasonably have foreseen that one co-conspirator would murder another co-conspirator several months after the three men conspired to commit

  • Stewart v. State

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Nancy G. Smith, Assistant District Attorney, Savannah, for appellee.
    Case Number: S03G0734

    A defendant has an absolute right to severance where the charges are joined solely because they are similar in cha

  • Evers v. Evers

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Paul R. Koehler, Atlanta, for appellant.
    for defendant: Daniel W. Mitnick Daniel W. Mitnick & Assocs. PC, Alpharetta, and Miles W. Rich, Roswell, for appellee.
    Case Number: S03A1288

    Since the trial court declined to award attorneys' fees to either party, it was not required to hold an oral hearing or make findings of fact and conclusions o

  • Rainwater v. Langley

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Larry D. Wolfe, Atlanta, for appellant.
    for defendant: David A. Basil, Carrollton, for appellee.
    Case Number: S03A1145

    Defendant, who was released on bond following his initial a was not entitled to habeas relief under O.C.G.A. § 17-7-50, because he was indicted within 90 days of his re-a