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Publication Date: 2009-11-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Louis Levenson Levenson & Assocs., Atlanta, for appellant.
for defendant: Jack F. Witcher, Kevin B. Buice, Daniel B. Greenfield, Bremen, and Rita D. Carroll, Carrollton, for appellees. Other party representation: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, Marietta.
Case Number: S09G0336
O.C.G.A. § 53-1-5 did not place possession or an immediate right to possession of the murder's decedent's estate property in the appellant at the time that the decedent's wife dispersed the funds a
Publication Date: 2009-11-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Andrew B. Margolis 9Conaway, Strickler & Margolis PC, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Attorney General, Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
Case Number: S09A1260
The pretrial photo array and individual photos, which an eyewitness used to identify the defendant, were not impermissibly sugge
Publication Date: 2009-10-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Vincent D. Hyman, Robert L. Martin, Carmen R. Alexander and Robert D. Ware County Attorneys' Office, Atlanta, for appellant.
for defendant: . Robert J. Proctor and Christopher M. Porterfield Proctor Hutchins, Atlanta, for appellee.
Case Number: S09A1354
Although the county Board of Equalization members are public officers, subject to quo warranto, a quo warranto petition may only be filed by leave of court and the appellee did not seek leave of cou
Publication Date: 2009-10-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Kirby L. Turnage Jr., Atlanta, for appellant.
for defendant: Lawrence L. Washburn III, Lawrenceville, for appellee.
Case Number: S09F0958
The court had authority to strike the husband's jury demand as a proper sanction for his wilful refusal to participate in the specially set
Publication Date: 2009-10-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
for defendant: Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
Case Number: S09A0855
The mentally ill defendant made his statement knowingly and volunt
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Publication Date: 2009-10-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Cynthia W. Harrison, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
Case Number: S09A1184
The defendant fatally shot his f when his f stepped between defendant and the owner of a liquor house, who was attempting to stop a tussle between the defendant and his girlf
Publication Date: 2009-10-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Alan I. Begner and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
for defendant: Amber A. Robinson, Elizabeth B. Chandler and Jerry L. DeLoach, Atlanta, for appellee.
Case Number: S09A1081
State statutes allowing people 18 and over to serve alcohol as part of their jobs preempt the City's ordinance prohibiting persons under 21 from entering, remaining in or loitering at any business l
Publication Date: 2009-10-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Gregory H. Worthy, W. Scott Sorrels Bryan Cave Powell Goldstein and Daniel G. Ashburn Ashburn Law Office, Atlanta, for appellant.
for defendant: . William J. Linkous III DeKalb County Law Dep't, Decatur, and Michael J. Jacobs, Atlanta, for appellees.
Case Number: S09A0636
OCGA § 36-75-11c, which imposes a referendum requirement on the issuance of certain bonds, is constitut
Publication Date: 2009-07-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Geoffrey E. Pope Pope & Howard PC, Ralph I. Knowles Jr. Doffermyre, Shields, Canfield, Knowles & Devine LLC, Atlanta, for appellant.
for defendant: . Daniel J. Huff, Camille N. Jarman Huff, Powell & Bailey LLC, Robert P. Monyak and Jeffrey S. Bazinet Peters & Monyak LLP, Atlanta, for appellees. Amicus appellant: James D. Summerville The Bird Law Group PC, Atlanta.
Case Number: S08G1833
O.C.G.A. § 24-9-67.1 places particular emphasis on a proffered medical expert's professional experience and practice in assessing his or her qualifications to serve as an expert witness and it would
Publication Date: 2009-06-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Benjamin D. Goldberg, Dalton, for appellant.
for defendant: Kermit N. McManus, District Attorney, and Susan A. Beck, Assistant District Attorney, Dalton, for appellee.
Case Number: S09A0487
O.C.G.A. § 40-6-120 a 2 is unconstitutionally vague and unenforceable against a driver making a left turn into a multi-lane roadway that lacks official traffic control de
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