• Rolland v. Martin

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James Rolland, Rome, proceeded pro se. Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Amicus appellant: Sarah L. Gerwig-Moore, Director, and Laura W. Harper Mercer Criminal Appeals Clinic, Macon.

    Case Number: S06A1632

    The allegations in the defendant's verified habeas petition supported his claim of ineffective assistance of trial co

  • Bland Farms LLC v. Georgia Dep't of Agriculture

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael J. Bowers, Hugh B. McNatt and T. Joshua Archer Balch & Bingham LLP, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly, Timothy J. Ritzka, Assistant Attorneys General, Lawrence H. Kunin, David A. Rabin and John R. Harris Morris, Manning & Martin LLP, Atlanta, for appellees.

    Case Number: S06A1633

    Mandamus is not an available remedy to control the official action of a public officer in the exercise of discr

  • Smith v. State

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith and Edwina M. Watkins, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S06A1451

    The defendant was not placed under arrest, until after he waived his Miranda warnings and confessed to m

  • Wells v. State

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brooks S. Franklin Franklin & Hubbard and Sandra L. Michaels, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S06A1488

    Absent a proffer, the defendant could not show that his trial counsel were deficient for failing to request a continuance to locate potential exculpatory witn

  • Barnes v. City of Atlanta

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Winburn, Lewis & Stolz LLP, Athens, and Robert D. Feagin Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: . Linda K. DiSantis, City Attorney, and Lemuel H. Ward, City of Atlanta Law Dep't, Atlanta, for appellee.

    Case Number: S06G0162

    Taxpayers, who opt out of the class action to recover occupation taxes, would be unjustly enriched, if they are not required to pay clas sel's attorneys' fees through the common fund, since cla

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  • State v. Cooper

    Publication Date: 2006-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Douglas L. Henry, Clarkesville, for appellee.

    Case Number: S06A1243

    The evidence demanded a finding that Cooper entered his 1992 guilty pleas freely and volunt

  • Carr v. State

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney A. Williams and Curtis L. Hubbard Jr. Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S06A1540

    Defense counsel was not entitled to file a sua sponte notice of an out-of-time a based on his subjective acknowledgement of his own ineffectiveness in failing to file a timely a

  • Sanders v. State

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, Rome, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S06A1417

    Under the modified merger rule, the defendant's felony murder convictions merged with his conviction for voluntary manslaughter, because the same act resulted in the commission of all three underlyi

  • Jenkins v. State

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard M. Darden, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Jennifer L. Parker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S06A0959

    Several eyewitnesses testified that the defendant encountered a number of individuals outside of the murder victim's grandmother's home and that the defendant argued with one individual, drew a gun

  • Unified Gov't of Athens-Clarke County v. McCrary

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Andrew H. Marshall Begnaud & Marshall LLP, Athens, and Michael A. O'Quinn O'Quinn & Cronin, McDonough, for appellant.
    for defendant: M. Eric Eberhardt Eberhardt & Hale LLP, Athens, for appellees.

    Case Number: S06A1287

    The trial court erroneously misconstrued "level of coverage" in regard to the applicable employment contracts as entitling the retired employees to receive to receive health coverage pursuant to the