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Publication Date: 2012-05-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Gary B. Blasingame Blasingame Burch Garrard & Ashley PC, Athens, and Robert P. Killian Killian & Boyd PC, Brunswick, for appellant.
for defendant: Peter V. Hasbrouck Martenson, Hasbrouck & Simon LLP, Atlanta, and Mark E. Robinson Robinson & Assocs. LLC, Saint Simons Island, for appellee.
Case Number: S11G1772
The Court of Appeals incorrectly stated that an action for wrongful dissolution of a partnership requires a showing that the partner acted in bad faith by attempting to appropriate to his own use th
Publication Date: 2012-05-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0193
The trial court did not violate the continuing witness rule by allowing a copy of a witness's immunity agreement to go out with the jury because it was consistent with the theory of the de
Publication Date: 2012-03-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff:
for defendant:
Case Number: S11A1875; S11X1876
An elected local government officeholder served on the grand jury that issue the defendant's first indictment, the official was ineligible under O.C.G.A. § 15-12-60 b 1 to serve on a grand jury, and
Publication Date: 2012-03-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Kenneth I. Sokolov Law-In-Atlanta Inc., Atlanta, for appellant.
for defendant: Sam L. Brannen Jr. County Law Department, Decatur, for appellees.
Case Number: S11A1375
The trial court erred in applying the rational basis test to the nude dancing club's assertion in its petition for an interlocutory injunction that county ordinances requiring businesses selling al
Publication Date: 2012-03-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Katherine A. Gonos Langdale Vallotton LLP, Valdosta, for appellant.
for defendant: J. David Miller, District Attorney, Justo C. Cabral III and Jessica W. Clark, Assistant District Attorneys, Valdosta, for appellee.
Case Number: S11G0644
A cell phone is roughly analogous to a container that can be properly opened and searched incident to an arrest for electronic
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Mathew M. Lubozynski, J. Henry Walker IV and John P. Jett Kilpatrick Stockton LLP, Atlanta, for appellant.
for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
Case Number: S11A1609
Trial counsel was not deficient in failing to inquire into and challenge the prior guilty pleas upon which the defendant's recidivist sentence was predi
Publication Date: 2012-03-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Elliott B. Watkins, Atlanta, for appellant.
for defendant: . Charles L. Bachman Jr., Judson H. Turner, Robert L. Fortson Turner, Bachman & Garrett LLC, Marietta, Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, and Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, for appellees.
Case Number: S11A1515
The Governor was without authority to remove the elected members of a county board of education under O.C.G.A. § 45-10-4 for their alleged violations of O.C.G.A. § 45
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Steven E. Phillips, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
Case Number: S11A1929
The murder defendant was entitled to a new trial as the preprinted verdict form erroneously instructed the jury that, in order to find the defendant not guilty of the charged crimes, it had to do so
Publication Date: 2012-03-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant.
for defendant: J. Edward Allen Jr. and Kevin E. Epps Fortson, Bentley and Griffin PA, Athens, for appellee.
Case Number: S11G1069
Res judicata barred the plaintiff's breach of contract action involving the distribution of her father's e
Publication Date: 2012-02-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: John D. Gussio and Anthony O. L. Powell Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellant.
for defendant: . Luther H. Beck Jr., Ernest R. Bennett Jr., Richard A. Carothers, Angela C. Nguyen Carothers & Mitchell LLC, Buford, James R. Thompson AT&T, Atlanta, and Richard L. Tucker Jr. Mahaffey, Pickens & Tucker LLP, Lawrenceville, for appellees.
Case Number: S11A1533
The appellants, as holders of a right of first refusal to purchase the property, had no present compensable property int
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