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  • Tiismann v. Linda Martin Homes Corp.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Vaughn W. Fisher Jr. and Kimberly K. Perez Weizenecker, Mottern & Fisher PC, Atlanta, for appellant.
    for defendant: Michael A. Kessler, Cumming, and Frank G. Goldman Womble, Carlyle, Sandridge & Rice PLLC.
    Case Number: S05G0001

    The plaintiff's claim against the defendant under the Fair Business Practices Act based on contractual language in the parties' new home sales contract did not accrue until the defendant conveyed hi

  • Nguyen v. Dinh

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William H. Turner Jr. Fears, Lawrence & Turner PC, McDonough, for appellant.
    for defendant: Pandora E. Hunt Smith, Welch & Brittain, McDonough, Michelle H. Jordan Atlanta, Legal Aid Soc'y Inc, and David A. Webster, Atlanta, for appellee.
    Case Number: S04F2118

    The evidence, including the report of a guardian ad litem and the testimony of a psychologist, showed that awarding custody of the parties' child to her mother was in the child's best int

  • Slaughter v. State

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0203

    The evidence authorized the jury to find that the defendant was not in imminent danger when he shot the unarmed victim in the back, stood over him and shot him two more times, struck him in the head

  • Gravitt v. State

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer E. Hildebrand Hildebrand Law Office PC, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0253

    Coercion is not a defense to murder and the defendant was not in danger of imminent death when he shot the victim to prove to a drug dealer that he was not involved in an alleged drug

  • Hall v. Vargas

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith and Julie A. Adams, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: McNeill Stokes, Atlanta, for appellee.
    Case Number: S04A1910

    O.C.G.A. § 24-3-16 can be retroactively applied to acts of child molestation that allegedly occurred prior to its enactment, since allowing outcry statements made by a child under the age of 14 unde

  • Law Journal Press | Digital Book

    A Letter from Your Client

    Authors: By Alex Geisler

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  • Falkenberry v. Taylor

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William E. Cetti, Cartersville, for appellant.
    for defendant: Steven M. Reilly, Byron M. G. Sanford, Lawrenceville, Charles G. Shrake, Roswell, Thurbert E. Baker, Attorney General, and Mark J. Cicero, Assistant Attorney General, Atlanta, for appellees.
    Case Number: S04A1988

    The Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., as amended in 2003, no longer distinguishes between the procedure available for children who receive public assistance and those who d

  • Sears v. Dickerson

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James B. Wall Burnside, Wall, Daniel, Ellison & Revell, Augusta, for appellant.
    for defendant: . John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellee.
    Case Number: S04A1782

    The County Tax Commission's requirement that all Assistant Chief Appraisers attain an "Appraisal IV" real estate certification was constitut

  • Bell v. Austin

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Hugh M. Worsham Jr. Kent, Worsham & Smart, Savannah, for appellant.
    for defendant: Robert P. Killian Killian & Boyd, Brunswick, for appellee. Amicus appellant: Charles M. Cork III Reynolds & McArthur, Macon.
    Case Number: S04A2004

    The oath specified by O.C.G.A. § 24-9-60 is not mandated with regard to the admission of narrative medical reports under O.C.G.A. § 24-3-18, since admission of such a report does not involve oral te

  • Bolden v. Barton

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Theodore G. Frankel, Atlanta, for appellant.
    for defendant: . Mark M. J. Webb and C. King Askew Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellees.
    Case Number: S04A1712

    The trial court lacked jurisdiction over a dispute about who should serve as the pastor of a c

  • Turpin v. Curtis

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Page A. Pate, Atlanta, for appellee.
    Case Number: S04A1517

    The defendant must show how he was actually prejudiced from his trial counsel's failure to inform him of his right not to te