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  • Hampton v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Timothy L. Eidson, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0585

    A conviction for hindering the apprehension of a criminal is equivalent to the common law of being an accessory after the fact and a party may not be convicted of being both a principal to th

  • Johnson v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Kimberly M. Westley, Chief Assistant District Attorney, Cania R. Brown-Gordon, Albany, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0303

    The defendant admitted that he and his accomplice planned to commit an armed robbery of the victim at a motel, his co-defendant gave the accomplice a handgun, and the accomplice and the victim were

  • Almodovar v. State

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0153

    The defendant drew a handgun and shot both victims at point blank range several times in the head, killing

  • Daniel v. Amicalola Elec. Membership Corp.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Troy R. Covington and Jeffrey D. Horst Krevolin & Horst LLC, Atlanta, for appellant.
    for defendant: Henry C. Tharpe Jr. and Rebecca B. Gober Sponcler & Tharpe LLC, Dalton, for appellee. Amicus Appellee: Steven T. Minor and Kristin H. Dial Tisinger Vance PC, Carrollton.
    Case Number: S11A0019

    O.C.G.A. § 46-3-204's one-year statute of limitation is rationally related to the legitimate government interest of encouraging widespread growth of public utility service in Ge

  • Oglethorpe Power Corp. v. Forrister

    Publication Date: 2011-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Natalie M. C. Beasman Balch & Bingham LLP, placeCityAtlantaGregory M. Cole Autry, Horton & Cole LLP, Tucker, and Hugh B. McNatt McNatt, Greene & Peterson, Vidalia, for appellants. Jason B. Sanker, Michael D. McRae and Robert T. Monroe McRae, Stegall, Peek, Harman, Smith & Manning LLP, Cedartown, for appellees. Amicus appellants: Charles T. Autry, Roland F. L. Hall Autry, Horton & Cole, Tucker, Kristin H. Dial, Steven T. Minor Tisinger Vance PC, CityCarrolltonPeter M. Degnan and Jonathan E. Wells Alston & Bird LLP, placeCityAtlanta
    for defendant:
    Case Number: S10G1244

    Because the noise emanating from the exhaust stacks resulted from the essential method of the power plant's operation, the neighbors were limited to filing one cause of action for the recovery of p

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  • Lay v. State

    Publication Date: 2011-05-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Jonah B. Lay, Sparta, proceeded pro se. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Arthur C. Walton, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0560

    The trial court properly denied the defendant's untimely motion in arrest of judgment of his 2004 convictions for murder and other c

  • Richardson v. St. Lawrence

    Publication Date: 2011-05-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Devon E. Richardson, Savannah, proceeded pro se. Larry Chisolm, District Attorney, R. Jonathan Hart, County Attorney, and Lisa G. Colbert, Assistant County Attorney, Savannah, for appellee.
    for defendant:
    Case Number: S11A0118

    The trial court properly granted the defendant bail only on the crimes for which he had been incarcerated for 90 days without having those charges heard by a grand jury and not on the other crimes w

  • Dolphy v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John M. Gorrie, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1347

    Given the c as a whole, the trial court did not plainly err in substituting such for some when reading the voluntary manslaughter jury c

  • McDaniel v. McDaniel

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Genevieve H. Dame and Hayes M. Dever Friedman, Dever & Merlin LLC, Atlanta, for Jerry McDaniel. Paul M. Hoffman and Mary E. Robb Deming, Parker, Hoffman, Campbell & Daly LLC, Norcross, for Charles McDaniel.
    for defendant:
    Case Number: S10A1497; S10X1498

    The trial court did not abuse its discretion by excluding the testator's attorney's contemporaneous handwritten notes of their discussions because the attorney refreshed his recollection with the no

  • State v. Pickett

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Marc A. Mallon, Lenny I. Krick, Senior Assistant District Attorneys, John O. Williams, Assistant District Attorney, and Richard H. Deane Jr. Jones Day, Atlanta, for appellant.
    for defendant: Ashleigh B. Merchant and John B. Merchant III The Merchant Law Firm PC, Atlanta, for appellee.
    Case Number: S10G0542

    A defendant need not wait until his indictment to assert his constitutional right to a speedy