• Harp v. Pryor

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert W. Hughes Jr. Hughes & Kaplan, Stone Mountain, for appellant.
    for defendant: John C. Tyler, Atlanta, for appellee.

    Case Number: S02A1474

    Defendant, as executor of his mother's estate, violated the duty imposed in O.C.G.A. § 53-7-1 a, when he proposed a distribution that prevented his brother from gaining a controlling interest in the

  • Mayfield v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, Ruth M. Pawlak and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S02A1678

    Defendant was not entitled to a mistrial after the trial court singled out a juror to determine whether it had legal cause to remov

  • Carringer v. Rodgers

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Ralph S. Goldberg, Decatur, for appellant.
    for defendant: Sandra J. Popson Katz, Flatau, Popson & Boyer LLP, Macon, Andrew J. Whalen III and James R. Westbury Jr. Mullins, Whalen & Westbury, Griffin, for appellee.

    Case Number: S02Q1483

    The parent of a deceased child has standing under Georgia's Wrongful Death Act to pursue a wrongful death suit against the child's murdering spouse and any potentially liable third pa

  • Barner v. State

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Noel L. Hurley, East Point, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1289

    The Court presumed that trial counsel's decisions were strategic where the defendant did not subpoena trial counsel to testify at the new trial he

  • Holmes v. Traweek

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: David N. Rainwater Roberts, Rainwater & Ingram LLP, Cordele, for appellant.
    for defendant: Pamela K. Richardson, Warner Robins, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.

    Case Number: S02A1665

    Venue in legitimacy actions is in the county where the mother re

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  • City of Peachtree City v. Shaver

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Richard P. Lindsey, Christy R. Jindra Webb, Lindsey, Collins, Jones & Wade LLC, Peachtree City, and Martin C. Jones Hall, Booth, Smith & Slover PC, Tifton, for appellant.
    for defendant: Joseph J. Saia Saia & Richardson, Peachtree City, and Lloyd W. Walker, Fayetteville, for appellee. Amicus Appellant: Joseph J. Drolet, Solicitor General, Katherine Diamandis, Assistant Solicitor, Thurbert E. Baker Jr., Attorney General, J. Jayson Phillips, Assistant Attorney General, Susan M. Pruett, Ted C. Baggett, Atlanta, Henry E. Williams, Albany, William M. Coolidge III Carothers & Mitchell LLC, Buford, and Robert Stokely, Solicitor, Newnan. Amicus Appellee: Jackie G. Patterson, LaGrange.

    Case Number: S02G0702

    The municipal court had subject matter jurisdiction over defendant's prosecution for underaged alcohol possession where the defendant was charged pursuant to a uniform traffic cit

  • Reece v. Smith

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: James M. Adam Adam & Talley, Gainesville, for appellant.
    for defendant: Allan R. Ramsay McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.

    Case Number: S02A1712

    The 7-year period for adverse possession did not commence on property owned by a minor until he reached the age of maj

  • Johnson v. American Nat'l Red Cross a/k/a American Red Cross

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Richard L. Brittain and Wendell R. Bird Bird & Assocs. PC, Atlanta, for appellant.
    for defendant: Alan M. Maxwell, Christopher H. Smith Weinberg, Wheeler, Hudgins, Gunn & Dial, Jeffrey C. Baxter Nelson, Mullins, Riley & Scarborough, Atlanta, and Lance P. McMillian McMillian & Camp, Newnan, for appellee.

    Case Number: S02G0871

    In the absence of any evidence of exposure to a rare, undetectable HIV strain, the decedent's fears that she was infected with the virus were unreasonable as a matter o

  • Heckman v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Elaine T. McGruder, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Adrian Britt, Assistant District Attorney, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1903

    A notebook found in defendant's home during a consent search was not exempt from seizure under O.C.G.A. § 17-5-21, which applies to privileged p

  • Lawler v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael R. Hauptman, Atlanta, Walt M. Britt Chandler & Britt LLC, Buford, and John A. Beall IV Melnick & Beall, Jonesboro, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Anne E. Green, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, and Mitchell P. Watkins, Assistant Attorney General, Atlanta, for appellee. Other party representation: Michael M. Mears, Multi-County Public Defender, Thomas H. Dunn Georgia Resource Ctr. Inc., Atlanta, and Richard A. Malone Prosecuting Attorneys' Council, Smyrna.

    Case Number: S02P1377

    The warrantless searches inside and outside of defendant's apartment were proper and reasonable since officers investigating a homicide may search the crime scene to see if other victims or the kil