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  • Cooper v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Barbara Barnett Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant:
    Case Number: S09A1150

    There was not fatal variance between the indictment and the proof at trial, even though the indictment alleged that the died from choking, while the expert testimony at trial showed that the

  • State v. Lynch

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, and Thurbert E. Baker, Attorney General, Atlanta, for appellant.
    for defendant: Alden W. Snead and Gerard B. Kleinrock, Decatur, for appellee.
    Case Number: S09A1402

    O.C.G.A. § et. seq. governs review of interlocutory orders in criminal cases and the state may not appeal any issue in a criminal case, unless that issue is listed in §

  • Alvista Healthcare Ctr. Inc. v. Miller

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Glenn P. Hendrix, Jason E. Bring, Robert T. Strang III, William J. Rissler Arnall, Golden & Gregory LLP and Charles L. Gregory, Atlanta, for appellant.
    for defendant: . Lance D. Lourie and Stephen Chance Watkins, Lourie, Roll & Chance LLP, Atlanta, for appellee.
    Case Number: S09G1005

    "OCGA § 31-33-2 a 2 B authorizes a surviving spouse to act on behalf of the decedent or his estate in obtaining medical records" and the subsection "necessarily implies that, when there is no execut

  • Haskell v. Haskell

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kathy L. Portnoy and Charla E. Strawser Callner, Portnoy & Strawser PC, Atlanta, for appellant.
    for defendant: Miriam A. Arnold-Johnson, Decatur, and Divida Gude, Atlanta, for appellee.
    Case Number: S09F1100

    The trial court had authority to discount any evidence of the grandparent's previous voluntary support of their grandchild, give the parties' substantial in

  • Manriquez v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Jimmie E. Baggett, Assistant District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0857

    The defendant shot and killed one victim and threatened the other victim with

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  • Simmons v. Community Renewal and Redemption

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Simmons Simmons & Simmons, Atlanta, for appellant.
    for defendant: Barry L. Zimmerman Zimmerman & Assocs., Norcross, for appellees.
    Case Number: S09A1221

    The appellant's entry onto the vacant lot adjacent to his property could never ripen into prescriptive title by adverse possession, because he entered the lot knowing that it did not belong to him a

  • Nichols v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Carl P. Greenberg Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1181

    Trial counsel's tender of the defendant's truck driver's logs did not open the door to impeachment, since the logs, which the state tendered, related to a wholly different time p

  • Stringer v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1065

    Evidence that the defendant fatally shot a restaurant employee during the defendant's attempted robbery of the restaurant supported his murder and aggravated assault convic

  • Sullivan v. Sullivan

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Jeremy A. Moulton, Conyers, for appellee.
    Case Number: S09A1295

    The parties' marriage contract, entered into in consideration of marriage, was unenforceable under O.C.G.A. § 19-3-63, because it was not signed by two attesting witn

  • Favorito v. Handel

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Todd A. Harding and Walter L. Chandler Maddox & Harding LLC, Zebulon, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, and Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, for appellees.
    Case Number: S09A1367

    Touch-screen voting systems do not vitiate the nature of elections as by the p