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  • Hudson v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Samuel G. Merritt, Americus, for appellant.
    for defendant: Cecilia M. Cooper, District Attorney, Americus, Thurbert E. Baker, Attorney General, and Laurie M. Hughes, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A2050

    The trial court did not err in failing to charge on mutual combat, since no evidence showed that the victim was armed with a deadly w

  • Taylor v. Taylor

    Publication Date: 2005-12-22
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Sarah M. Tipton-Downie, Vidalia, for appellant.
    for defendant: Howard C. Kaufold Jr. Durden, Kaufold, Rice & Barfield PC, Vidalia, for appellee.
    Case Number: S05F1412

    Where a trial court finds that terminating parental rights is not in the best interests of the child, it should reject the parties' agreement to

  • Denny v. State

    Publication Date: 2005-12-22
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Ricardo G. Samper, Newnan, and Jerry F. Pittman, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Raymond C. Mayer, Assistant District Attorney, Newnan, Thurbert E. Baker, Attorney General, and Chad E. Jacobs Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1915

    The defendant shot and killed the victims when they arrived unexpectedly while the defendant was burglarizing the first victim's

  • Thompson v. Telfair

    Publication Date: 2005-12-09
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Margaret W. S. Puccini Ellis, Painter, Ratterree & Adams, Savannah, for appellee.
    Case Number: S05A1508

    The habeas court erred in granting relief to the appellee without holding an evidentiary he

  • Davis v. Wilson

    Publication Date: 2005-12-09
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, James L. Moss Jr., Assistant District Attorney, Jackson, for appellee.
    Case Number: S05A1641

    The entry of a nolle prosequi did not render moot the defendant's motion for discharge and acquittal based on the state's failure to comply with his speedy trial d

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  • Trotman v. Forester

    Publication Date: 2005-11-18
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: B. Chan Caudell Caudell & Hotard LLC, Cornelia, for appellant.
    for defendant: Russell W. Smith Sanders & Smith PC, Toccoa, for appellee.
    Case Number: S05A0910

    Evidence that the mentally diminished decedent's son isolated her from the rest of her family, met and spok her estate attorney out of her presence and was present both times the decedent spo

  • Legacy Inv. Group LLC v. Kenn

    Publication Date: 2005-11-04
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David H. Flint and Mark W. Forsling Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Overtis H. Brantley, Steven E. Rosenberg and Valerie A. Ross, Fulton County Attorney's Office, Atlanta, for appellees.
    Case Number: S05A0989

    A question remained as to whether the plaintiff could feasibly develop 41 acres in south Fulton county under the county's existing zoning ordi

  • Fox-Korucu v. Korucu

    Publication Date: 2005-11-04
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Kathy L. Portnoy and Raymond R. Grant II Alembik, Fine & Callner PA, Atlanta, for appellant.
    for defendant: Robert A. Burnett, Atlanta, for appellee.
    Case Number: S05A0773

    The trial court's conclusion that the wife's post-trial motions were frivolous was inconsistent with the fact that the trial court changed the custody provisions of the parties' final divorce judgme

  • Hayes v. Hayes

    Publication Date: 2005-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Hylton B. Dupree Jr., Marietta, for appellant.
    for defendant: Carol S. Baskin, Brad E. MacDonald and Vic B. Hill Baskin & Baskin PC, Marietta, for appellee.
    Case Number: S05F0738

    The trial court erred in failing to count the husband's monthly book royalties as part of his gross income for child support purposes, since O.C.G.A. § 19-5-16 b 4 requires inclusion of compensation

  • Morris Communications LLC d/b/a Savannah Morning News v. Griffin

    Publication Date: 2005-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David E. Hudson Hull, Towill, Norman, Barrett & Salley, Augusta, for appellant.
    for defendant: Martha-Ann C. Kirkland Hall & Kirkland, and Caleb B. Banks, Statesboro, for appellees. Other party representation: Keith A. McIntyre, Assistant District Attorney, Springfield.
    Case Number: S05A1181

    The court erred in denying a newspaper's request for permission to use a still camera for photographs in its coverage of a murder