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  • Jones v. State

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1581

    The trial court erred in charging the jury that it could consider the number of witnesses on each

  • Warren v. Board of Regents

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J. Hue Henry and Christopher L. Casey, Athens, for appellant.
    for defendant: . Floyd C. Newton III, Letitia A. McDonald, Michael R. Smith King & Spalding, George P. Shingler, Karen R. Dunbar Casey, Gilson & Williams PC, James C. Rawls Powell, Goldstein, Frazer & Murphy LLP, Randolph A. Mayer Mayer & Beal, Carrie L. Christie Savell & Williams LLP, Thurbert E. Baker, Attorney General, Daniel M. Formby, John B. Ballard Jr., Deputy Attorneys General, and Oscar B. Fears III, Assistant Attorney General, Atlanta, for appellees.
    Case Number: S99A1495

    The plaintiffs' appeal from the ruling that denied them standing to seek enforcement of a charitable trust based on the trial court's interpretation of O.C.G.A. § 53-12-115 did not invoke the Suprem

  • Fox v. State

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John A. Nuckolls, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Cecelia M. Harris, Assistant District Attorney, Canton, for appellee.
    Case Number: S99G0561

    Defendant's waiver of his right against unreasonable searches and seizures as a special condition of probation was invalid, since it was not part of his plea bargain agreement and a parole officer t

  • Northeast Ga. Med. Ctr. Inc. v. Davenport

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thomas M. Cole Whelchel & Dunlap LLP, Gainesville, for appellant.
    for defendant: John M. Brown, Augusta, Jack S. Schroder Jr. and Nichole J. Staff Alston & Bird, Atlanta, for appellee.
    Case Number: S99G1082

    Hospital met notice requirements for peer review under the Health Care Quality Improvement Act since it informed doctor in writing that it wished to revoke his staff privileges based on recurring p

  • Morgan v. Mitchell

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William P. Rowe III, Duluth, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Charles J. Mitchell, Buford, proceeded pro se.
    Case Number: S99A1392

    Habeas court's finding that defendant was harmed by his appellate counsel's failure to raise the ineffectiveness of trial counsel was unsupported, since there was no evidence that defendant would n

  • North Ga. Reg'l Educ. Serv. Agency v. Weaver

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Phillip L. Hartley Harben & Hartley, Gainesville, for appellant.
    for defendant: E. Wycliffe Orr and Kristine E. Orr, Gainesville, for appellee.
    Case Number: S99G1287

    Since regional educational service agency was more like a local school board than a state agency, it was not a "public employer" to whom the state whistleblower statute ap

  • Somchith v. State

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Juwayn N. Haddad, Clarkesville, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Toccoa, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1779

    The trial court properly refused to give defendant's requested charge on adultery since he and the murder victim were not ma

  • Albany Urology Clinic PC v. Cleveland

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas S. Chambless and Dawn G. Benson Watson, Spence, Lowe & Chambless LLP, George P. Donaldson III Donaldson, Bell & Pickett PC, Albany, and Wade H. Coleman Tillman, McTier, Coleman, Talley, Newberry & Kurrie, Valdosta, for appellant.
    for defendant: . William S. Stone and T. Craig Ernest William S. Stone PC, Blakely, for appellees. Amicus appellants: Harold G. Clarke Troutman Sanders, Thomas S. Carlock Webb, Carlock, Copeland, Semler & Stair, John E. Hall Jr., Jonathan Marigliano Hall, Booth, Smith & Slover PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP, Robert E. Whitley, William M. Earnest Jr. Thrasher, Whitley, Hampton & Morgan, Jack S. Schroder Jr., Angela T. Burnette Alston & Bird, David A. Cook, William T. Clark Medical Ass'n of Ga., Atlanta, David H. Tisinger, Richard G. Tisinger Jr. Tisinger, Tisinger, Vance & Greer, Carrollton, Leonard A. Nelson and E. Ratcliffe Anderson Jr. MD American Med. Ass'n, Chicago, Ill.
    Case Number: S99G0600

    Urologist was not liable to plaintiff for fraud since he had no duty to disclose his use of illegal drugs or any other aspect of his personal life that might adversely impact his professional perfor

  • Atlanta Dwellings Inc. v. Wright

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John G. Aldridge Jr., Scott L. Nathan and Marissa G. Connors McCalla, Raymer, Padrick, Cobb & Nichols, Atlanta, for appellant.
    for defendant: George O. Lawson Jr. and Alton Hornsby III Lawson & Thornton PC, Atlanta, for appellees.
    Case Number: S99A1395, S99A1396

    Interlocutory injunction prohibiting plaintiff's foreclosure on defendant's deed to secure debt was appropriate, since questions exist regarding construction of parties' forbearance agreement and wh

  • Boatman v. State

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward F. Smith, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, James D. Lamb, Assistant District Attorney, Waycross, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1469

    Police officer did not subject defendant to coercive, custodial interrogation by approaching defendant on the roadside and asking his name, where he was from and how long he had been in the