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  • Georgia Power Company v. Cazier et al.

    Publication Date: 2018-07-17
    Practice Area: Administrative Law | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: William Middleton Droze, Robert Pursley Edwards Jr., Lindsey Bowen Mann, Roger S. Reigner Jr. (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Roy E. Barnes, John Frank Salter Jr. (The Barnes Law Group LLC), Marietta; James Glenn Richardson (Talley, Richardson & Cable), Dallas, for appellee. Sarah Hawkins Warren, Andrew Alan Pinson (Department of Law), Atlanta, for amicus appellant.
    Case Number: S17G0706

    Petitioners were not required to exhaust any administrative remedy before proceeding with their action against power company.

  • Bibbs et al. v. Toyota Motor Corporation et al.

    Publication Date: 2018-07-10
    Practice Area: Damages | Personal Injury | Wrongful Death
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Roy E. Barnes, John Raymond Bevis, John Ross Bartholomew IV (The Barnes Law Group LLC), Marietta; Robert David Cheeley (Sherry Schons - Cheeley Law Group), Norcross; Keith E. Fryer (Fryer Shuster & Lester P.C.), Atlanta; Keith Allen Pittman (Cheeley Law Group LLC), Alphatetta; Thomas A. Eaton (University of Georgia School of Law), Athens, for appellant.
    for defendant: Carrie Lynn Christie, Robert Harris Burke (Rutherford & Christie LLP), Atlanta; Frank Mitchell Lowrey IV, Amanda Kay Seals Bersinger (Bondurant Mixson & Elmore LLP), Atlanta; Joel H. Smith, Richard Hood Willis, Ashleigh R. Wilson (Bowman and Brooke LLP-SC), Columbia, for appellee.
    Case Number: S18Q0075

    Damages in a wrongful death action are limited by the decedent's full settlement of her earlier personal injury action.

  • Terrell v. The State

    Publication Date: 2018-07-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Clifford Louis Kurlander (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0478

    The Court affirmed defendant's convictions for murder and related crimes as the trial court did not deprive defendant of his right to testify on his own behalf when it informed him that he had to testify immediately or waive the right altogether.

  • Hoechstetter et al. v. Pickens County et al.

    Publication Date: 2018-07-02
    Practice Area: Civil Procedure | Land Use and Planning
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John J. Capo (John C. Capo), Jasper, for appellant.
    for defendant: Phillip Edward Friduss, Jacob Stalvey O'Neal (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: S17G1500

    Notice of a planning commission hearing to consider property owners' zoning request for a conditional use permit was not sufficient under the Zoning Procedures Law to allow the Board of Commissioners to approve the permit at its meeting three months after the hearing without an additional notice.

  • Thomas v. The State

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Samuel H. Altman, John Alexander Fitzner III (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0003

    Defendant failed to prove his ineffective assistance of counsel claim as he failed to show a reasonable probability that the outcome of his trial would have been different absent trial counsel's alleged deficiency.

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  • Holt v. Ebinger

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: William Randall Bassett Jr., Philip Robbins Green (King & Spalding LLP), Atlanta, for appellee. Paige Reese Whitaker (Fulton County District Attorney's Office), Atlanta, for other party.
    Case Number: S18A0052

    The habeas court erred in granting habeas relief to petitioner because his failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted relief.

  • Flowers v. The State

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jessica Ruth Towne (Jessica R. Towne P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth, Robert David Wolf (Gwinnett County Office of the District Attorney), Lawrenceville, for appellee.
    Case Number: S18A0241

    The evidence supported defendant's convictions for murder and armed robbery after he robbed and shot a drug dealer.

  • Yarbrough v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Sullivan Hanson (Atlanta Judicial Circuit Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0113

    The trial court did not clearly err in finding that the prosecution did not intend to goad the defense into moving for a mistrial and the Court, therefore, affirmed the denial of defendant's plea in bar.

  • Norman v. The State

    Publication Date: 2018-05-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Amy Lee Copeland (Rouse & Copeland LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; John Thomas Durden Jr., Brooklyn Renee Franklin (Atlantic Judicial Circuit District Attorney's Office), Hinesville, for appellee.
    Case Number: S18A0331

    Trial Counsel Not Ineffective For Stipulating To Substance of Witness Testimony Regarding Prior Crime

  • Usher v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Johnny O'Neal Usher, Nicholls, for appellant.
    for defendant: Layla Hinton Zon, Shaun Joseph Foley (Alcovy Judicial Circuit District Attorney's Office), Covington; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0274

    Defendant Seeking Out-of-Time Appeal Failed To Show Any Claims of Error Would Be Resolved In His Favor