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  • Columbus-Muscogee County Consol. Gov't v. CM Tax Equalization Found. Inc.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Clifton C. Fay, Columbus, Harold G. Clarke, Charles F. Palmer and William M. Droze Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Randolph W. Thrower, Teresa W. Roseborough, Thomas W. Curvin, Stacey Y. Abrams, Jason C. Kirkham Sutherland, Asbill & Brennan LLP, Atlanta, and George R. Ellis Jr. Ellis, Easterlin, Gatewood, Shipper & Farr, Americus, for appellees.
    Case Number: S02A1688

    A local constitutional amendment setting freezing the value of homestead property for purposes of county ad valorem taxation does not violate equal protection since it applies to all homeowners base

  • Belsar v. State

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard O. Allen, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Patricia G. Hull, Amelia G. Pray, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1862

    Defendant and the other assailants returned to an apartment complex with the specific intent to ambush the victims and they bragged about shooting someone in the face after the c

  • Hartwell R.R. Co. v. Barnes

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Allan R. Ramsay McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellant.
    for defendant: William C. Berryman Jr. McLeod, Benton, Begnaud & Marshall LLP, Athens, for appellees.
    Case Number: S02A1439

    The special master clearly erred in failing to consider whether a railroad bed belonging to the railroad's predecessor-in-interest and the 100-foot strips of land on either side of the railroad bed

  • Unified Gov't of Athens-Clarke County v. Watson

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks LLC, Atlanta, and William C. Berryman Jr. McLeod, Benton, Begnaud & Marshall LLC, Athens, for appellant.
    for defendant: J. Edward Allen and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee. Amicus Appellant: Anne W. Sapp Dwyer, White & Sapp, Atlanta.
    Case Number: S02G1269

    Evidence that the condemned property was previously zoned for multi-family use, in addition to expert evidence that the property would probably be rezoned for that use, satisfied the standard set f

  • Jackson v. State

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Christopher E. Latham and Robert J. Storms, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy District Attorney, Robert E. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1837

    Defendant's convictions for felony murder based on aggravated assault and involuntary manslaughter based on reckless conduct were mutually excl

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  • Rogers v. State

    Publication Date: 2003-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Ralph I. Knowles Jr., C. Rebecca Smith Doffermyre, Shields, Canfield, Knowles & Devine and Craig C. Knowles Andrews & Knowles LLC, Atlanta, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, Rome, Thurbert E. Baker Jr., Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1310

    The defendant, who was tried for a capital crime prior to July 1, 1988, could not waive his request for a hearing to determine whether he is mentally retarded after a court found sufficient credible

  • Carlos v. Lane

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lisa F. Harper Chorey, Taylor & Feil, Atlanta, for appellant.
    for defendant: James J. McGinnis, Atlanta, for appellee.
    Case Number: S02A1333

    The parties' use of the term et seq. in reference to O.C.G.A. § 19-6-19 showed their intent to waive the right to bring an action to modify alimony under either subsection a or subsection b of that

  • Meeks v. City of Buford

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Anthony O. Powell Webb, Tanner & Powell LLP, Lawrenceville, for appellant.
    for defendant: . Dana K. Maine Freeman, Mathis & Gary LLP, Atlanta, and Gregory D. Jay Chandler & Britt LLC, Buford, for appellees.
    Case Number: S02A0698

    Plaintiffs had no vested rights to utilize their property in accordance with an unexercised zoning because plaintiffs made no substantial expenditures in rel on the var

  • Johnson v. State

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Solomon A. Amusan The Amusan Law Firm PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Kimberly D. Rowden, Assistant District Attorney, Savannah, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1071

    The felony murder defendant was entitled to a mistrial after the state improperly placed his character at issue by introducing certified copies of his convictions for theft by receiving stolen pro

  • Veasley v. State

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sandra L. Michaels, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Robert E. Statham III, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1096

    Even if police exceeded the scope of a search warrant when an officer used the redial function on defendant's telephone to discover defendant's location, the error was harmless in light of the overw