• State v. Outen

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellant.
    for defendant: Edward H. Brumby Jr., Athens, for appellee.

    Case Number: S10G1596

    The Court of Appeals lacked jurisdiction to review rial court's order granting defendant's special demurrer as to Count 1 of his indictment as the order was not final because Count 2 remained i

  • Patel v. State of Ga.

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Malcolm F. Bryant Jr. Bryant & Cook PC, Vidalia, for Parimal Patel and Check. Malcom F. Bryant Jr. and Paul K. Cook Bryant & Cook PC, Vidalia, for Dudhwala, Mehta and Ankurkumar Patel. Samuel H. Altman, District Attorney, Swainsboro, Andrew Ekonomou and Michael G. Lambros The Lambros Firm LLC, Atlanta, for the state.
    for defendant:

    Case Number: S11A0044; S11A0045; S11A0239; S11A0240; S11A0241

    The trial court was premature in considering the question of whether the in rem forfeitures of assets of stores at issue here, which are focus of civil actions brought under Georgia's RICO Act, cons

  • Stamey v. Policemen's Pension Fund Bd. of Trustees

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Timothy W. Boyd and Mark E. Scott The Barrister Law Group, Suwanee, for appellants. Robert N. Godfrey and Kristi D. A. Matthews, Atlanta, for appellee.
    for defendant:

    Case Number: S11A0403

    The trial court did not abuse its discretion in setting aside its default judgment for the appellants, since the record showed that the appellee timely answered the appellants' comp

  • Myers v. St. Lawrence

    Publication Date: 2011-06-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: James K. Myers, Savannah, proceeded pro se. Spencer Lawton Jr., District Attorney, R. Jonathan Hart, County Attorney, and Lisa G. Colbert, Assistant County Attorney, Savannah, for appellee.
    for defendant:

    Case Number: S11A0237

    When an underlying criminal matter is still pending, ineffective assistance of counsel allegations cannot form the basis for a pre-trial petition for habeas c

  • Hunt v. State

    Publication Date: 2011-04-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer M. Daniels, Decatur, for appellant. Daniel J. Porter, District Attorney, Kimberly A. Gallant, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S10A1492

    The trial court properly admitted evidence of a similar transaction, in which the defendant was accused of stealing a Sig Sauer 9-millimeter handgun, to show the defendant's identity and bent of

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  • Daker v. Warren, Sheriff

    Publication Date: 2011-04-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Waseem Daker, Marietta, proceeded pro se. Patrick H. Head, District Attorney, John R. Edwards and Jesse D. Evans, Assistant District Attorneys, Marietta, for appellee.
    for defendant:

    Case Number: S10A1541

    The defendant's ion and exhibits did not reveal without contradiction that his claim that the trial court abused its discretion under Ayala v. State, 262 Ga. 704 1993 in dismissing his pre-tria

  • Symms v. Symms

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Wendell E. Johnston Jr. Johnston, Wilkin & Williams, Augusta, for appellant.
    for defendant: Catherine V. Ryan, Augusta, for appellee.

    Case Number: S10F1783

    State courts generally are not authorized to impose income tax liab

  • Gibbs v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Leon Hicks, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1718

    The state was authorized to introduce evidence to attack the defendant's credibility with his prior convictions for crimes involving making false statements, after the defendant testified that he ha

  • Scroggins v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Lawton W. Scott and J. Clifford Head, Assistant District Attorneys, Canton, for appellee.

    Case Number: S10A1073

    The trial court lacked authority to supplement its order revoking the defendant's probation with the order purporting to grant an out-of-time discretionary a

  • Slack v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Stephen N. Knights Jr., Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A2029

    The defendant's felony m conviction was vacated by operation of law, while the charge and verdict for aggravated assault merged as a matter of fact into his conviction and sentence for malice m