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Publication Date: 2007-06-15
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: James E. Staples Jr., Cornelia, for appellant.
for defendant: Michael H. Crawford, District Attorney, Clarksville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
Case Number: S07A0785
State v. Langlands, 276 Ga. 721 2003 is overruled to the extent that it holds that trial counsel's deficient performance in failing to file a demurrer based on a mistaken allegation that firearms of
Publication Date: 2007-06-15
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Thomas P. Lenzer and Robert W. Lenzer Lenzer & Lenzer, Norcross, for appellant.
for defendant: Daniel J. Porter, District Attorney, William C. Akins, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
Case Number: S07A0740
The overwhelming authority demonstrates that mtDNA evidence is sufficiently reliable to be admis
Publication Date: 2007-05-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Bernard Knight, Decatur, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
Case Number: S07A0322
The defendant shot the victim three times, killing him, and the jury was entitled to disbelieve the defendant's account of the shooting, in which he claimed self-de
Publication Date: 2007-05-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: C. Terry Blanton and Amelia T. Phillips Perrie, Bone & Burr LLC, Atlanta, for appellant.
for defendant: Luann M. Evans Law Offices of Kenneth R. Luther, Kennesaw, Jennesia M. Primas and William A. Castings Jr., Atlanta, for appellees.
Case Number: S07A0523
A church's vacant lot used for overflow parking was exempt from ad valorem taxation pursuant to O.C.G.A. § 48-5-41, which exempts places of religious wo
Publication Date: 2007-04-06
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: James B. Ritchie, Roswell, G. Phillip Beggs Moore, Ingram, Johnson & Steele LLP, Marietta, and Christopher J. McFadden, Decatur, for appellant.
for defendant: John K. Wells and Clement C. Doyle Brock, Clay & Calhoun PC, Marietta, for appellee. Amicus appellee: John I. Spangler III, Jeffrey A. Belkin, J. Andrew Howard and John S. Ducat III Alston & Bird LLP, Atlanta.
Case Number: S07A0309
A subcontractor had an adequate remedy at law in the form of an action on the general contractor's payment
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Publication Date: 2007-04-06
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Robert J. Hulsey and David B. Davidson, City of Roswell, Roswell, for appellant.
for defendant: . Simon H. Bloom The Bloom Law Firm and Theresa B. Sirois Powell Goldstein LLP, Atlanta, for appellee.
Case Number: S07A0214
The city had discretion to deny a permit for a 1500-seat football stadium based on evidence that the proposed stadium would exacerbate an already existing traffic pr
Publication Date: 2007-03-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: John F. Salter Jr., Roy E. Barnes The Barnes Law Group LLC, Marietta, and Gary J. Toman Nations, Toman & McKnight LLP, Atlanta, for appellant.
for defendant: . Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly, Jay D. Bennett, Ethan D. Miller Alston & Bird LLP, Atlanta, and Charles C. Clay Brock Clay, Marietta, for appellees.
Case Number: S06G1286
The Disposition of Unclaimed Property Act DUPA, OCGA § 44-12-190 et seq., did not apply to the plaintiffs' claims for damages resulting from dormancy fees and expiration dates associated with shoppi
Publication Date: 2007-03-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, Atlanta, for appellant.
for defendant: Stacie A. Conner Conner & Conner and Drew Findling The Findling Law Firm, Atlanta, for appellees.
Case Number: S06A2163
Even if their conduct could be imputed to the prosecutor, no evidence showed that an investigator or staff members of the District Attorney's Office's intended to goad the defendants into moving for
Publication Date: 2007-03-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Deanna H. Powell Law Offices Of Deanna Powell, Atlanta, for appellant.
for defendant: Patricia A. Stanley, Fairburn, for appellant.
Case Number: S07F0155
The trial court did not abuse its broad discretion in entering a generic final judgment severing the parties' marital relationship, without awarding marital property, alimony or attorneys' fees to e
Publication Date: 2007-03-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: John F. Connolly Flint & Connolly LLP, Canton, and Steven M. Campbell Campbell & Assocs. PC, Woodstock, for appellant.
for defendant: Mark O. Shriver IV Shriver & Gordon PC, Woodstock, for appellee.
Case Number: S07A0085
The probate court lacked authority to sua sponte declare two provisions of the revised guardianship code, O.C.G.A. § 29-1-1 et. seq., unconstitut
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