• Marion v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stephen D. Kelly, District Attorney, Brunswick, John B Johnson III, Assistant District Attorney, Jesup, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S10A0163

    The malice murder count of the defendant's indictment was sufficient to charge him with that

  • Rank v. Rank

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brad E. MacDonald and Vic B. Hill Hill-MacDonald LLC, Marietta, for appellant.
    for defendant: R. Michael Key Key, McCain & Gordy PC, LaGrange, for appellee.

    Case Number: S10F0032

    Attorneys' statements, in lieu of live testimony and other evi if not objected to, serve the same function as evi

  • Hutchison v. Jarriel

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A0059

    The defendant's habeas petition was timely filed based on the date it was stamped received by the clerk's o

  • Krause v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: James B. McGee III McGee & McGee, Waycross, for Krause. Martin H. Eaves, Waycross, for Chesser. Richard E. Currie, District Attorney, George E. Barnhill, Charles D. Gafnea, Michelle C. McIntire, Assistant District Attorneys, Waycross, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S09A1453, S09A1454

    The evidence, which showed that the defendants beat the victim with a baseball bat and then killed him with a single gunshot to back of neck, was sufficient to support their convictions either dire

  • Sharp v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl P. Greenberg Georgia Capital Defender, Buddy M. Mears, Atlanta, and Therese M. Day, Phoenix, Ariz., for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Anna G. Cross, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A2025

    Photographs of the victim's body tied to a cemetery tree were admissible to demonstrate her inj

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  • Johnson v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Thomson, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A1923

    Trial counsel's decision not to introduce evidence of the victim's prior violent acts was reasonable in light of other evidence the state could present to show the victim's peaceful n

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC, Atlanta, for appellees.

    Case Number: S09G1127

    Because appellees' personalty interest did not involve real estate, its lis pendens action against certain property was in

  • Humphreys v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Mitchel D. Durham, Jimmy D. Berry, Marietta, Carl P. Greenberg Georgia Capital Defender, Thomas H. Dunn Georgia Resource Ctr., Atlanta, and Holly L. Geerdes Geerdes & Kim LLC, Duluth, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker, Attorney General, Teresa M. Schiefer, Assistant Attorney General, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta, for appellee.

    Case Number: S09P1428

    The statutory aggravating circumstance set forth under O.C.G.A. § 17-10-30 b 10 regarding murders committed for the purpose of avoiding, interfering with, or preventing lawful arrest, does not exten

  • State v. Dixon

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Daniel J. Quinn, Assistant District Attorney, and Gwendolyn K. Fleming, District Attorney, Decatur, for appellant.
    for defendant: Robert H. Citronberg and Joseph S. Habachy, Atlanta, for appellee.

    Case Number: S09G1130

    The state was not required to stipulate to venue, such that the defendant would then be entitled to a jury instruction on a lesser included offense of theft by taking in Dekalb county, when the alle

  • Darroch v. Willis

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barry B. McGough and Elinor H. Hitt Warner, Mayoue, Bates & McGough, Atlanta, for appellant.
    for defendant: William R. Lester Fryer, Shuster & Lester PC, Atlanta, for appellee.

    Case Number: S09A1623

    The trial court impermissibly modified the parties' divorce decree by requiring the appellant to sell the marital residence after he failed to remove his ex-wife's name from the mortgage within 30