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Publication Date: 2005-06-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
for defendant: J. Brown Moseley, District Attorney, and Joseph K. Mulholland, Assistant District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
Case Number: S05A0446
The trial court's error in admitting irrelevant evidence that the defendant bribed a corrections officer to bring him certain amenities while he was in jail awaiting trial was harmless, in light of
Publication Date: 2005-06-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Charles F. Peebles, Norcross, for appellant.
for defendant: John C. Amabile Pursley, Lowery, Meeks LLP, and David R. Perry, Atlanta, for appellees. Amicus appellant: Robert H. Brown III Brown & Shamp, Atlanta.
Case Number: S04G2110
The 6-year statute of limitation under O.C.G.A. § 9-3-24 for simple written contracts did not begin to run on the plaintiffs' negligent construction suit arising out of the use of synthetic stucco i
Publication Date: 2005-06-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Jason J. Deal, District Attorney, and Richard A. Vandever, Assistant District Attorney, Gainesville, for appellant.
for defendant: Rafe Banks III and Marc N. Cunat Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellee.
Case Number: S05A0062
Judgment quashing seven of eight counts against the defendant was affirmed, since the state could reasonably have narrowed the dates that the crimes occurred with greater particul
Publication Date: 2005-05-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Jose A. Rubiani, Oglethorpe, proceeded pro se. John G. Conger, District Attorney, Ryan R. Leonard, Assistant District Attorney, Columbus, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S05A0157
Habeas corpus provided the defendant's only remedy for challenging his guilty plea after the term of court in which it was en
Publication Date: 2005-05-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Anne E. Green, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
Case Number: S05A0393
The defendant failed to show that his co-defendant previously shot a person living in the same apartment complex in which the victim's murder occ
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Publication Date: 2005-04-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Samuel J. Rusbridge Dyer & Rusbridge PC, Canton, for appellant.
for defendant: David L. Cannon Jr. and Barry W. Hixson, Assistant Solicitors General, Canton, for appellee.
Case Number: S05A0002
Section 46-61 d of Cherokee County Code of Ordinances, which prohibits a person from accumulating litter or rubbish on her property, is not unconstitutionally
Publication Date: 2005-04-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Gary S. Freed and William J. Piercy Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
for defendant: . T. Michael Tennant, A. McCampbell Gibson and Wade W. Pearson Alston & Bird LLP, Atlanta, for appellee. Amicus appellee: Seth G. Weissman and Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta.
Case Number: S04G1320
Nothing in the plain and explicit terms of the Georgia Brokerage Relationships in Real Estate Transactions Act precludes a broker from recovering under common law in the absence of a brokerage agr
Publication Date: 2005-04-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
Case Number: S05A0405
An error in allowing an officer to testify that he had been to "neurolinguistic schools," he had learned to judge people on their mannerisms and dant behaved suspiciously was harmless, where th
Publication Date: 2005-03-17
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Daniel Shim Morriss, Lober & Dobson LLC, and Sidney L. Moore Jr., Atlanta, for appellant.
for defendant: Jeffrey H. Brickman, Acting District Attorney, Rosemary W. Brewer and Elisabeth G. MacNamara, Assistant District Attorneys, Decatur, for appellee.
Case Number: S04G0747
The rape shield statute does not apply to child molestation
Publication Date: 2005-03-17
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Michele T. McCutcheon, Senior Assistant District Attorney, Anne E. Green and Marc A. Mallon, Assistant District Attorneys, Atlanta, for appellant.
for defendant: Brandon Lewis, Norcross, and Leslie S. Roche', Decatur, for appellees.
Case Number: S04A2017
A single photographic show-up was not impermissibly suggestive, where the witness knew both defendants for an extended period of
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