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  • Carruthers v. State

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: John A. Beall IV, Peachtree City, and William S. Callahan, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, D. Brandon Hornsby, Verda Andrews-Stroud, Assistant District Attorneys, Jonesboro, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Allison B. Goldberg, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, Thomas H. Dunn Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P1418

    In his closing argument, the prosecutor improperly quoted directly from the Bible as authority for the jury imposing the death sentence against defe

  • Peek v. State

    Publication Date: 2000-03-17
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Monte K. Davis and George A. Stein, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor General, and Kimberly V. Gross, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: S99G0592

    Computer printout of hospital employee's "education cumulative report" was insufficient under O.C.G.A. § 40-6-392 to prove that employee was a phlebotomist authorized to draw defendant's blood for b

  • SCI Liquidating Corp. v. Hartford Ins. Co.

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edward Hine Jr. Hine & Niedrach PC, Rome, and Erin M. Richardson, Maplewood, for appellant.
    for defendant: Malcolm P. Smith Lokey & Smith, Atlanta, for appellees. Amicus Appellants: Eugene R. Anderson, Richard P. Lewis Anderson, Kill & Olick PC, New York, NY, and Amy Bach, Mill Valley, Calif.
    Case Number: S99Q1575

    Since sexual harassment does not arise out of employment, exclusion in employer's policy barring coverage for employee injuries arising out of and in the course of employment did not

  • Ashworth v. Busby

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William J. Stemberger Jr. Stemberger & Assocs., Newnan, for appellant.
    for defendant: Robin G. Mayer Sanders, Haugen & Sears PC, Newnan, for appellee.
    Case Number: S99A1311

    Husband waived his right to seek alimony modification since the pa settlement agreement expressly waived any right to modification absent written consent from both pa

  • Lee v. Green Land Co.

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William G. Johnston III Shepherd & Johnston, Newton M. Galloway and Dean R. Fuchs Newton M. Galloway & Assocs., Griffin, for appellant.
    for defendant: Alan W. Connell, Thomaston, for appellee.
    Case Number: S99A1493

    The Supreme Court does not have equity jurisdi in cases seeking specific performance of a contract where resolution depends upon the contract's constru

  • Lovell v. Osteomedics Inc.

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Erik H. Olson The Olsen Law Firm LLC, Atlanta, for appellant.
    for defendant: William R. Youngblood Chambers, Mabry, McClelland & Brooks, Atlanta, for appellee.
    Case Number: S00A0055

    Appellant's motion to dissolve the consent temporary restraining order incorporating his employment agreement's restrictive covenants was moot, since the covenants have expired and cannot be enf

  • Gaines v. Sikes

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Stephen D. Pereira Center for Prisoners' Legal Assistance, Roswell, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0098

    Defendant's habeas petition raising an ineffective assistance claim was not completely unsupported, since he introduced a transcript showing that his attorney did not object to the trial court's imp

  • Jenkins v. State

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert F. Pirkle Pirkle & Pirkle, Hinesville, for appellant.
    for defendant: J. Thomas Durden Jr., District Attorney, Hinesville, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1805

    Evidence showed that defendant was a party to the crime, since his friend argued with the victim, defendant threw his car keys to his friend and told him to get a gun out of the trunk, and his frie

  • Harris v. State

    Publication Date: 2000-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Paul L. Howard, District Attorney, Bettieanne C. Hart, Peggy A. Katz, Anne E. Green, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0136

    Defendant's attorney was not ineffective just because he failed to submit written requests to charge, since he participated in the charge conference and orally requested ch

  • Tyler v. Lincoln

    Publication Date: 2000-03-10
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Donald D.J. Stack Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: . David A. Sapp Newman, Sapp & Davis LLP, Atlanta, for appellees.
    Case Number: S99G0931

    Subdivision developers' failure to respond to adjacent landowners' complaints regarding stormwater runoff raised a jury issue as to landowners' claim for punitive damages and attorneys'