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  • Gomes v. Gomes

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Paul R. Koehler, Atlanta, for appellant.
    for defendant: Jonathan W. Hedgepeth and Todd A. Orston Levine & Smith LLC, Atlanta, for appellee.
    Case Number: S04A1475

    The wife did not have to cite the statute authorizing a grant of attorneys' fees in divorce actions since her brief requesting such fees clearly showed her intent to make financial circumstances th

  • Grant v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Phinia-Cou J. Aten Phinia Aten & Assocs., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0788; S04A0790

    The trial court properly identified and defined the elements of the felony offense of fleeing and attempting to elude and clearly instructed jury that they could convict on felony murder only if the

  • Hines v. Georgia Ports Auth.

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Nobel L. Boykin Jr. Jones, Boykin, Stacy & Assocs. PC, for Hines and others. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Atlanta, Mary K. Moss, Thomas Mahoney Jr., Thomas J. Mahoney III Ranitz, Mahoney, Mahoney & Moss PC, Savannah, for the Georgia Ports Authority and others. Fred S. Clark Clark, Clark & Steinmetz, Marc G. Marling, David F. Sipple, Robert S. Glenn Jr., Colin A. B. McRae Hunter MacLean, Exley & Dunn, Savannah, Gordon D. Schreck Buist, Moore, Smythe & McGee PA, Charleston, SC, and Stephen H. Vengrow Cichanowich, Callan, Keane, Venegrow & Texto, New York, NY, for Rickmers and others. Amicus appellant: John H. Peavy Jr. Bovis, Kyle & Burch, Atlanta, in S03G1848.
    for defendant:
    Case Number: S03G1813; S03G1821; S03G1820; S03G1848

    The Georgia Ports Authority is not a state arm entitled to immunity under the Eleventh Amendment to the United States Constitution with regard to the plaintiffs' federal maritime torts c

  • City of Atlanta v. Corey Entertainment Inc.

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Linda K. DiSantis, City Attorney, Jerolyn W. Ferrari and Stacy Y. Cole, Atlanta, for the city of Atlanta. Judson H. Simmons, William V. Hearnburg Jr. Smith, Gambrell & Russell LLP, Atlanta, for Barbara Fouch d/b/a Creative Media Displays of Ga. Michael J. Bowers, J. Matthew Maguire Jr., Alexandra E. Chopin Balch & Bingham LLP, Gregory H. Worthy, John W. Harbin and Roger B. Hatcher Jr. Powell, Goldstein, Frazer & Murphy LLP, Atlanta, for Corey Entertainment Inc. and others.
    for defendant:
    Case Number: S04A0932; S04A0934

    The appellee had the right, under the Open Records Act, to disclosure of the appellant's tax returns, which were used to qualify her for certification as a Disadvantaged Business Enter

  • Brewer v. Hall

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Michael Brewer, Reidsville, proceeded pro se. Thurbert E. Baker, Attorney General, and Andrette Watson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A0916

    Appellate counsel's deficiency in failing to request an evidentiary hearing at which he could have questioned trial counsel about his reasons for not objecting to errors at trial was harmless in lig

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Phelps v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: John T. Strauss, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Alan A. Cook, Assistant District Attorney, Covington, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0704

    The defendant beat the victim to death with a rock and dragged his body into the woods where it was discovered a few weeks

  • Simpkins v. Simpkins

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: James D. Patrick, Columbus, for appellant.
    for defendant: Lynn L Grogan and Lee R. Grogan Jr. Hirsch, Partin, Grogan & Grogan, Columbus, for appellee.
    Case Number: S04F1433

    Some evidence showed that the husband's son allocated funds from an account awarded to the wife to pay his own attorneys' fees and his father's living expenses, despite an injunction limiting the p

  • State of Ga. v. Williams

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, Andrew T. Jones, Gary D. Bergman Prosecuting Attorneys' Council of Ga. Drug Prosecutions Division, Atlanta, for appellant.
    for defendant: Arleen Evans, Griffin, for appellees.
    Case Number: S04G0367

    The relation back provision of the Civil Practice Act CPA applies to proceedings instituted under OCGA § 16-13-49 n-property worth less than $2

  • Pullium v. State

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: James R. Pulliam, Atlanta, proceeded pro se. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1254

    The state failed to prove that the defendant knowingly, intelligently and voluntarily pled guilty to criminal attempt to commit burglary in 1971 where the 1-page record did not show that he was adv

  • Glenn v. State

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Anna P. Johnson, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, William P. Doupe', Assistant District Attorney, Thomson, Thurbert E. Baker, Attorney General, and Andrette Watson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0691

    The state failed to disprove that the defendant was present but unaware when her boyfriend fatally abused her 3-week-old dau