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  • Williams v. Ayers

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John M. Daley Center for Prisoners' Legal Assistance, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1392

    Revocation of defendant's probation was not authorized under former O.C.G.A. § 42-8-34.1 were the defendant allegedly violated conditions imposed by the original sentencing court and his probation

  • Roebuck v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel J. Cahill Jr. The Graham Law Firm LLC, Danielsville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1895

    Defendant did not unambiguously and unequivocally invoke his right to counsel when he commented after initial questioning that he probably should wait for his attorney, but wanted to go ahead and t

  • Head v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Robert H. Citronberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1580

    Batson applies only to the use of peremptory strikes, not strikes of prospective jurors for

  • Department of Transp. V. Montgomery Tank Lines Inc.

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, and Loretta L. Pinkston, Assistant Attorney General, Atlanta, for appellant.
    for defendant: . Stefan C. Passantino and James C. Gober Arnall, Golden & Gregory, Atlanta, for Montgomery Tank Lines Inc., Reliance Ins. Co. and Federal Express Corp. John H. Peavy Jr. Bovis, Kyle & Burch, Atlanta, and James W. Smith, Hinesville, for Federal Express Corp.
    Case Number: S02G0700; S02G0701;S02G1028

    The definition of loss in the Georgia Tort C Act is broad enough to include contribution and indemnity c

  • Spickler v. State

    Publication Date: 2003-01-24
    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

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    How to Recover Attorneys’ Fees in Texas 2024

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  • Kilpatrick v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Anna Blitz, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta.
    Case Number: S02A1314

    Trial counsel's decision not to object to testimony from the victim's mother that she lost a child to leukemia in 1994 was a matter of trial str

  • Tripp v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Michael R. Duponte, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Ashutosh S. Joshi, Christopher M. Quinn, Assistant District Attorneys, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S02A1876

    The lack of prejudice to a defendant who was released on bond outweighed the state's delay in bringing him to

  • Hay v. Bright

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Samuel M. Hay III, Covington, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Christopher S. Brasher and J. Jayson Phillips, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1430

    A private citizen lacked standing to seek mandamus relief to compel the district attorney to prosecute a third-party for alleged perjury committed during a bond validation he

  • Capote v. Ray

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Roger A. Baruch Center for Prisoners' Legal Assistance, Alpharetta, and James C. Bonner Georgia Indigent Defense Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paula K. Smith, Assistant Attorney General, and Sharon D. Stokes, Atlanta, for appellee.
    Case Number: S02A1179

    The defendant's appeal of the dismissal of his habeas petition was not subject to dismissal under Fullwood v. Sivley, 271 Ga. 248 1999, even though he failed to file an application for a certificate

  • Ontario Sewing Mach. Co. Ltd. v. Smith

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Earl W. Gunn, Ashley P. Nichols, Claire C. Dorchak and Nancy G. Cook Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: . Daniel MacDougald III, Atlanta, for appellee. Amicus appellant: Chilton D. Varner, Carmen R. Toledo and Robert B. Friedman King & Spaulding, Atlanta. Amicus appellee: Robert H. Brown III Brown & Shamp, Atlanta.
    Case Number: S01G1233

    The issue of proximate cause in a product liability case involving a voluntarily recalled yarn cutter was a matter for the jury to d