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Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Derek H. Jones, Decatur, for appellant.
for defendant: Patrick H. Head, District Attorney, Russell J. Parker, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
Case Number: S02A1788
A demonstration involving a model skull and mattress section was relevant to show the force of the attack on the victim and fairly illustrated that point, so the demonstration did not warrant the g
Publication Date: 2003-04-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Daniel J. Porter, District Attorney, Elizabeth L. Jaeger and Thomas N. Davis Jr., Assistant District Attorneys, Lawrenceville, for appellant.
for defendant: David S. Lipscomb Henderson & Lipscomb PA, Duluth, for appellee.
Case Number: S03A0451
The habeas court improperly grant the defendant's habeas petition without holding a hearing on its m
Publication Date: 2003-04-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Palmer C. Singleton III Southern Ctr. For Human Rights and Christopher M. Johnson, Atlanta, for appellant.
for defendant: Richard E. Currie, District Attorney, Waycross, Thurbert E. Baker Jr., Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee.
Case Number: S02P1702
Under O.C.G.A. § 17-3-3, the state had the right to re-indict defendant within six months of nolle prossing his first indictment, without running afoul of statute of limita
Publication Date: 2003-03-21
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: James F. Ledbetter, Calhoun, for appellant.
for defendant: William R. Thompson Jr., Calhoun, for appellee. Amicus Appellant: George P. Govignon, Calhoun.
Case Number: S02G1194
Former O.C.G.A. § 15-11-58 was inapplicable to a private child deprivation proceeding where the juvenile court did not order removal of the child from his
Publication Date: 2003-03-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Susan V. Sommers, Jane C. Taylor and Michelle R. Kraynak Sommers, Scrudder & Bass LLP, Atlanta, for appellant.
for defendant: Jeffrey H. Dover, Roswell, Timothy H. Bendin, John D. Rogers Jr. Hall, Booth, Smith & Slover PC, and Paul E. Weathington The Weathington Firm PC, Atlanta, for appellees.
Case Number: S05A1870
O.C.G.A. § 9-10-31 c unconstitutionally violates the joint-tortfeasor provision of the Georgia Constitution-Art. VI, Sec. II, Par
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Publication Date: 2003-03-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Christian G. Henry, Madison, for appellant.
for defendant: . Brenda H. Trammell, Madison, for appellee.
Case Number: S05A1437
The county's decision not to include the Superior Court Clerk in the county's pension plan was plain and reasonably based on the fact that the Clerk already received pension contributions derived fr
Publication Date: 2003-03-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Susan V. Sommers, Jane C. Taylor and Michelle R. Kraynak Sommers, Scrudder & Bass LLP, Atlanta, for appellant.
for defendant: Jeffrey H. Dover, Roswell, Timothy H. Bendin, John D. Rogers Jr. Hall, Booth, Smith & Slover PC, and Paul E. Weathington The Weathington Firm PC, Atlanta, for appellees.
Case Number: S05A1870
O.C.G.A. § 9-10-31 c unconstitutionally violates the joint-tortfeasor provision of the Georgia Constitution-Art. VI, Sec. II, Par
Publication Date: 2003-03-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Christian G. Henry, Madison, for appellant.
for defendant: . Brenda H. Trammell, Madison, for appellee.
Case Number: S05A1437
The county's decision not to include the Superior Court Clerk in the county's pension plan was plain and reasonably based on the fact that the Clerk already received pension contributions derived fr
Publication Date: 2003-03-07
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Deborah M. Vaughan and Eugene Novy Novy, Jaymes & Vaughan, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
Case Number: S02A1743
The trial court did not err in permitting a state's witness to testify that the defendant fit the profile of a spousal abuser to rebut his testimony that he killed his wife by acc
Publication Date: 2003-02-21
Practice Area:
Industry:
Court: Supreme Court
Judge: Sears, Leah Ward
Attorneys: For plaintiff: Barry M. Hazen, Atlanta, for appellant.
for defendant: Patrick H. Head, District Attorney, Andrew J. Saliba, Amy H. McChesney, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Paula K. Smith and Ruth M. Bebko, Assistant Attorneys General, Atlanta, for appellee.
Case Number: S02A1633
The trial court erred in charging that the jury could infer defendant's intent to kill from his use of a deadly w
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