• Phillip v. Williams, Warden

    Publication Date: 2003-06-20
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Marcus C. Chamblee and Stephen D. Pereira Ctr. For Prisoners' Legal Assistance, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0093

    Appellate counsel was deficient for failing to raise a chain of custody issue on appeal after the state failed to present any evidence that the police or crime lab followed routine procedures or pr

  • Vaughn v. Stoenner

    Publication Date: 2003-06-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas M. Farrell, Lawrenceville, and David A. Webster, Atlanta, for appellant.
    for defendant: James J. Brissette McGee & Oxford, Atlanta, for appellee.

    Case Number: S03A0216

    Grant of summary judgment to defendant on plaintiff's adverse possession claim affirmed since the plaintiff took no action to effect an actual ouster of the property's co-tenant as required under O

  • Brinson v. State

    Publication Date: 2003-06-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Derek H. Jones, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Richard H. Kimberly Jr., Amanda G. Pray, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0284

    The defendant confessed to officers that he shot and killed his girlfriend after she berated him for his sexual inadequ

  • Baker v. Baker

    Publication Date: 2003-06-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John J. McArthur McArthur & McArthur, Athens, for appellant.
    for defendant: Walter R. Finch III W. Roy Finch PC, Athens, for appellee.

    Case Number: S03A0123

    The best interest of the standard applied to the peculiar facts of a case in which the mother sought to unilaterally delegitimize the

  • Williams v. Conerly

    Publication Date: 2003-06-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Randall E. Chew, Pelham, Dawson, for Williams. Wilber T. Gamble III Collier & Gamble LLP, for Stacey. Michael L. Bankston Twitty & Bankston, and William F. Tyson Jr., Camilla, for Conerly.
    for defendant:

    Case Number: S03A0043; S03A0044

    The difference in the appraised value and actual value of partitioned land was insignificant where any additional acreage consisted of undeveloped, wooded

  • Sweet v. State

    Publication Date: 2003-05-16
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Lawrence Lewis, Lawrenceville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0085

    The defendant failed to lay a proper foundation for admission of a photograph of his companion holding an assault

  • Chung-A-On v. Drury

    Publication Date: 2003-05-16
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Holle Weiss-Friedman, Brunswick, for appellee.

    Case Number: S03A0252

    The defendant could reasonably expect a Georgia suit addressing further issues concerning his children after he sought a divorce in Georgia and later obtained custody of one of his children in a Geo

  • Piedmont Hosp. Inc. v. Palladino

    Publication Date: 2003-05-09
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Deborah S. Moses Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Barry L. Zimmerman, Keith F. Brandon Zimmerman & Assocs., Atlanta, and William C. Anderson Downey & Cleveland LLP, Marietta, for appellees.

    Case Number: S02G1036

    A hospital employee was not acting within the scope of his employment when he continued touching the plaintiff's groin area for his own gratification after he checked the plaintiff's surgical

  • Georgia Dep't of Human Resources v. Sweat

    Publication Date: 2003-05-09
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Nina J. Edidin, Assistant Attorney General, Atlanta, and Charles R. Reddick, Homerville, for appellant.
    for defendant: E. Kontz Bennett Jr., Waycross, Daryl G. Lecroy, Atlanta, and Samuel Sweat, Pearson, for appellees. Amicus appellants: Rebecca A. Hoelting Atlanta Volunteer Lawyers Found., Sheila K. Chrzan, Vicky O. Kimbrell, Lisa J. Krisher and Phyllis J. Holmen, Atlanta. Amicus appellees: William C. Akins, Gainesville, Daniel A. Bloom Atlanta Volunteer Lawyers Foundation, David A. Webster and Ashley Carraway, Atlanta.

    Case Number: S03A0179

    Georgia's statutory child support guidelines are constitut

  • Weston v. State

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John L. Tracy, Albany, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S03A0235

    Defendant stole tools from an elderly man a few days after attacking the elderly murder victims as part of a crime spree in which defendant stole items to procure money for