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  • Newcomer v. Newcomer

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, for appellee.
    Case Number: S04A1287

    A settlement agreement regarding a house and surrounding five acres of land could not be enforced, since was of the essence and certain obligations were not met within that

  • Getkate v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Lee Sexton Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Blair D. Mahaffey and Sandra G. Rivers, Assistant District Attorneys, McDonough, for appellee.
    Case Number: S04A1014

    There is no constitutional right to bond pending a

  • Sims v. State

    Publication Date: 2004-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Bruce S. Harvey, Jennifer S. Hanson, and David W. Martin, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, District Attorney, Robert M. Coker, Assistant District Attorney, Sheila A. Connors District Attorney's Office Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1138

    Defense counsel's decision not to introduce certain telephone records was a matter of trial strategy, since the records were not consistent with the defendant's version of the e

  • John Crane Inc. v. Jones

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ollie M. Harton, Elizabeth B. Padgett Hawkins & Parnell, Atlanta, and Michael A. Pollard Baker & McKenzie, Chicago, Ill., for appellant.
    for defendant: Roger B. Lane Lane & Gossett, Brunswick, for appellees. Amicus appellants: Dow N. Kirkpatrick II, J. Kennard Neal, Orlyn O. Lockard III Alston & Bird LLP, Daniel S. Reinhardt Troutman Sanders, Sara S. Turnipseed, Thomas F. Wamsley Jr. Nelson, Mullins, Riley & Scarborough, Jay B. Bryan Hunton & Williams, Emily R. Bramer, Atlanta, Hugh B. McNatt McNatt & Greene, Vidalia, Robert M. Brinson Brinson Askew Berry Seigler Richardson, Rome, J. Thomas Whelchel Whelchel, Brown, Readdick & Bumgartner, Brunswick, Joe D. Hollingsworth and Eric G. Lasker, Washington, D.C.
    Case Number: S03G1791

    An individual tortfeasor's conduct does not have to constitute a "substantial contributing factor" with regard to a plaintiff's injury where the plaintiff is allegedly injured due to separate tortio

  • Richards v. Georgia Dep't of Community Health

    Publication Date: 2004-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael J. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Joel M. Grist Jr. Grist & Brock LLP, Macon, for appellants. Thurbert E. Baker, Attorney General, and Laura W. Hyman, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: David A. Webster, Atlanta.
    Case Number: S04A0866

    The Georgia Department of Community Health has a lien on all funds recovered by Medicaid recipients in a tort action, not just the portion of a tort re that is specifically denominated as a r

  • Law Journal Press | Digital Book

    New Jersey Insurance Law 2024

    Authors: George J. Kenny, Frank A. Lattal

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  • Shorter v. Waters

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Spencer Shorter, Hardwick, proceeded pro se. Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1093

    Appellate counsel's decision not to raise an issue that resulted in the reversal of the co-defendant's conviction was unreasonable, since appellate counsel should have been aware that the claim was

  • Riley v. State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John T. Strauss, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, Thurbert E. Baker, Attorney General, and Mitchell P. Watkins, Assistant Attorney General, Atlanta, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes Multi-County Public Defender, Michael Mears, Gabrielle A. Pittman Georgia Indigent Defense Council and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S04P1039

    The trial court did not err in refusing to allow defendant's psychologist to testify about false confession theory where the expert concluded that the theory had not reached a verifiable stage of sc

  • Brown v. State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Alvera A. Wheeler, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0971

    The trial court's error in charging the jury that it could infer an intent to kill from the use of a deadly weapon was harmless where the defendant was acquitted of malice m

  • Roberts v. State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Dawn H. Taylor, Jeanette F. Shaw, Assistant District Attorneys, Lawrenceville, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0935

    The defendant admitted to two witnesses and the police that he shot the victim during an attempted ro

  • Silva v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Daniel A. Summer and W. Bennett Gaff Summer & Summer, Gainesville, for appellant.
    for defendant: Jason Deal, District Attorney, E. Paul Stanley and Kiesha R. Storey, Assistant District Attorney, Gainesville, for appellee.
    Case Number: S04G0216

    The trial court's application of the law to undisputed facts is subject to the de novo standard of review on a