• State v. Kell

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Atlanta, Harrison Kohler State Health Care Fraud Control Unit, Tucker, for appellant.
    for defendant: Leonard L. Franco, Atlanta, and Thomas C. Rowsey, Cumming, for appellee in S02G0997. Thurbert E. Baker Jr., Attorney General, Atlanta, and Michael D. Johnson, Assistant Attorney General State Health Care Fraud Control Unit, Tucker, for appellant. James A. Yancey, Brunswick, for appellee in S02G1114.

    Case Number: S02G0997; S02G1144

    The state may prosecute Medicaid fraud cases under O.C.G.A. § 49-4-146.1 b 1 C, in any county where an act in furtherance of the crime took

  • Gardner v. Gardner

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Ben Kirbo Kirbo & Kendrick, Bainbridge, for appellant.
    for defendant: . V. Gail Lane Altman & Lane, Thomasville, for appellee.

    Case Number: S02A1477

    The joinder of two corporations wholly-owned by the husband was necessary to ensure a just division of a couple's marital rty since all of their marital assets were commingled with the corporat

  • Seay v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Arthur B. Edge IV Wood, Odom & Edge PA, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Raymond C. Mayer, Assistant District Attorney, Newnan, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1897

    Evidence showing that defendant shot his girlfriend during an argument did not authorize a charge on involuntary manslaughter as a lesser included of

  • Curles v. State

    Publication Date: 2003-02-07
    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: Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, Albany, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1847

    The prosecutor did not violate O.C.G.A. § 17-8-76 during closing argument by improperly referring to the trial court's ability to mitigate the defendant's sentence since the prosecutor did not speci

  • Wilson v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James D. Cooper Jr., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0045

    The trial court's error in charging on intent to kill from the use of a deadly weapon did not mandate a retrial for felony m

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  • Barnhill v. State of Ga.

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Charles L. Barrett III, Duluth, and Donald C. Barrett, Key West, Fla., for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Eugene S. Hatcher, Assistant Attorney General, Atlanta, for appellees.

    Case Number: S02A1747

    O.C.G.A. § 40-5-25 d, which grants discounted driver's license fees to identified organ donors, is not unconstitut

  • Baines v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, and Gary W. Jones, Powder Springs, for appellant.
    for defendant: James R. Osborne, District Attorney, Thomas J. Melanson, Assistant District Attorney, Dallas, Thurbert E. Baker, Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0124

    Defendant's armed robbery conviction did not merge with his malice murder conviction involving the same victim since the evidence established that the murder and armed robbery of that victim were s

  • Smith v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: David E. Morgan III, Abbeville, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1669

    The state's failure to contact the defendant's m at his request did not render his custodial statements involuntary since the defendant was of the age of majority when he fatally shot his br

  • Beller v. Tilbrook

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Brenda H. Trammell, Madison, for appellee.

    Case Number: S02A1337

    A wife was unquestionably entitled to accept her husband's false statements that he was not infected with genital herpes, even though she suspected the

  • Evans v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit M. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1320

    Defendant's aggravated assault conviction merged with his conviction for malice murder because the state used the same evidence—defendant's firing five quick shots at the victim during a 12-hour "ba