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  • Nazario v. State

    Publication Date: 2013-07-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Lloyd J. Matthews Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Frances C. Kuo, Deputy Chief Assistant District Attorney, Lalaine A. Briones, Assistant District Attorney, Jonesboro, Elizabeth A. Baker, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine T. Parvis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0006

    A defendant does not waive consideration of merger issues by pleading guilty, although the claim must come before the reviewing court in a type of proceeding in which criminal convictions may be cha

  • Stratacos v. State

    Publication Date: 2013-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and James V. Chafin, Assistant District Attorney, Athens, for appellee.
    Case Number: S12G0548

    Where a defendant is charged with felony theft by deception based on his failure to fully pe contracted-for services, the State must prove the value of any services the defendant did actually pe

  • Boothe v. State

    Publication Date: 2013-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III Public Defender's Office, McDonough, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Frances C. Kuo, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Jason B. Green, Assistant District Attorneys, Jonesboro, Elizabeth A. Baker, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0042

    Any potential error in the admission of photocopies of police sketches, rather than the original sketches, was harmless in light of the other evidence of the defendant's

  • Romer v. State

    Publication Date: 2013-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Eric J. Taylor Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0366

    The defendant lacked standing to raise alleged violations of a witness's right against self-incrimination or Miranda r

  • Alstep Inc. v. State Bank and Trust Co.

    Publication Date: 2013-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stephen L. Minsk Minsk & Associates LLC, Atlanta, for appellant.
    for defendant: . William J. Sheppard and James G. Merritt Jr. James Bates Brannan Groover LLP, Atlanta, for appellee.
    Case Number: S13A0117

    Absent a transcript, the evidence presumably supported the trial court's judgment appointing a receiver to take possession of a piece of commercial property in Haralson County, on which a gas statio

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Sherman v. City of Atlanta

    Publication Date: 2013-06-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John F. Woodham Woodham Law LLC, Robert D. Feagin, Atlanta, and Irwin W. Stolz Jr. Hurt, Stolz & Cromwell LLC, Athens, for appellant.
    for defendant: . Paul L. Howard Jr., District Attorney, Jerolyn W. Ferrari, Robert D. Ware Office of the Fulton County Attorney, Elizabeth L. Fite, Brian F. Hansen Kutak Rock LLP, Paul E. Vranicar, Charles S. Johnson III Holland & Knight LLP, Lemuel H. Ward, Atlanta, and Norman S. Fletcher Brinson Askew Berry Seigler Richardson & Davis LLP, Rome, for appellees.
    Case Number: S13A0067

    Objectors to a bond validation proceeding failed to prove that they had standing to become parties, and thus also lacked standing to appeal the trial court's confirmation and validation of the bond

  • Ryans v. State

    Publication Date: 2013-06-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Henry W. Syms Jr., Madonna M. Little, Assistant District Attorneys, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0572

    The trial court did not err in allowing an officer to testify about the prior consistent statements of a co-defendant, as the defendant implied on cross-examination of the co-defendant that he fabri

  • Wimes v. State

    Publication Date: 2013-06-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0504

    The State was not required to correct its witness's incorrect testimony that he was charged with robbery, rather than armed robbery, as there was no showing that the charge was relevant to the witne

  • Hoehn v. State

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robbin Shipp The Fuller Shipp Law Group LLC, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Madonna M. Little, Assistant District Attorneys, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0474

    The court harmlessly erred in failing to sustain the defendant's objection to a juror's improper question directed toward a prosecution witness during

  • Columbus Bd. of Tax Assessors v. Yeoman

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert R. Lomax, Columbus, for appellant.
    for defendant: Gregory S. Ellington Hatcher Stubbs Land Hollis Rothschild LLP, Columbus, for appellee.
    Case Number: S13A0203

    The trial court correctly determined that there is no conflict between the 2010 amendment to O.C.G.A. § 48-5-2 3 and a 1981 local constitutional amendment providing for the assessment of homestead p