• Hargrove v. Rich

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas C. James III James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: . Ralph F. Simpson Simpson Law Firm, Juliette R. Simpson, Tifton, Michael C. Hall Hall & Williamson PC, Albany, Sue R. Hale, Atlanta, Cecile P. Doyal, St. Simons Island, Robert L. Rich III, Bainbridge, James E. Partee Jr., Kennesaw, and Joseph Rich, Atlanta, for appellees.

    Case Number: S04A1125

    Decedent was not authorized to exercise her power of appointment over 1/4 of her mother's estate in favor of one niece and to the exclusion of her other nieces and ne

  • Griffin v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Connell Griffin, proceeded pro se. Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Laura A. Janssen, Assistant District Attorneys, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S04A1666

    The defendant could not raise a speedy trial defense after he voluntarily entered a guilty

  • Smith v. Jones

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Bonnie M. Smith, Warner Robins, for appellant.
    for defendant: Lovick P. Anthony Jr., Butler, Edward N. Davis and Charles W. Byrd, Perry, for appellees.

    Case Number: S04A1386

    Declaratory judgment was an available remedy for a case involving the appellee's need for direction to resolve an on-going conflict between the parties over appellant's re-entry rights to certain re

  • Tharp v. Harpagon Co.

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Leon A. Van Gelderen, Stephen M. Levinson Leon Van Gelderen PC, and Francis X. Moore Frank X. Moore & Assocs., Atlanta, for appellant.
    for defendant: Robert J. Proctor and Bradley A. Hutchins Proctor & Chambers, Atlanta, for appellee.

    Case Number: S04A1257

    The Supreme Court had jurisdiction over an appeal in a quiet title case pursuant to O.C.G.A. § 23-3-40 et

  • Hunt v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Amy H. Bogartz, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Andrette Watson, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A0960

    The state had no obligation under O.C.G.A. § 17-16-7 to produce oral statements that witnesses made during pre-trial inter

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  • Moore v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William J. Stemberger Jr. Stemberger, Cummings & Arnall PC, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, Assistant District Attorney, LaGrange, for appellee.

    Case Number: S04A0925

    The 33-year delay in arresting the defendant for his wife's murder did not implicate his Sixth Amendment speedy trial guar

  • Crawford v. Thompson

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Stanley J. Crawford, Helena, proceeded pro se. Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S04A1277

    Appellate counsel was deficient for failing to raise a speedy trial issue as part of defendant's claim of ineffective assistance of trial counsel on direct a

  • Mixon v. Mixon

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Holle Weiss-Friedman, Brunswick, for appellant.
    for defendant: John R. Thigpen Sr., Blackshear, and Franklin D. McCrea, Alma, for appellee.

    Case Number: S04F1455

    O.C.G.A. § 19-6-2 a 1 is not predicated upon the misconduct of a party, so the wife was not entitled to attorneys' fees based on the husband's alleged litigation po

  • Anderson v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Elizabeth L. Markowitz, Kristin A. Howell, Fulton County Pub. Defenders, and Tamara E. Theiss, 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 Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A1155

    The trial court did not err in recharging the jury on the points of law they requ

  • Adams v. Adams

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: R. Chris Phelps, Elberton, for appellant.
    for defendant: Edward D. Tolley and Ronald E. Houser Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellee.

    Case Number: S04F0841

    Under the specific facts of the case, the husband's alleged infidelity was irrelevant to a determination of the enforceability of the couple's antenuptial agre