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  • Rouse v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1005

    The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon was harmless, given the overwhelming evidence of defendant's m

  • Ehle v. State

    Publication Date: 2002-10-11
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David C. Butler, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Assistant District Attorney, Marietta, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.
    Case Number: S02A0787

    Evidence of defendant's escape from custody while under arrest on an unrelated charge was admissible to show his consciousness of

  • Johnson v. State

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: J. Michael Raffauf, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0712

    The state had no obligation to disclose any deals that it may have made with a codefendant who did not testify against the defendant at

  • In re T. M. G.

    Publication Date: 2002-10-11
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, and Melinda M. Katz, Thomasville, for appellant.
    for defendant: George M. Saliba, Gregory A. Voyles, Valdosta, Charles R. Reddick, Homerville, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.
    Case Number: S02G0228

    A 6-year-old's foster parents are not collaterally estopped from seeking to adopt him since they were neither parties nor privies to a separate adoption case involving the biological mother's surre

  • Trigger v. State

    Publication Date: 2002-10-11
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Curtis L. Hubbard Jr. Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Alvera A. Wheeler, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1077

    The defendant's contention that he was not barred from possessing a firearm was meritless since his first offender probation was revoked before he assaulted the v

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  • Wright v. State

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Caleb B. Banks, Tybee Island, and Richard M. Darden Darden, Burns & Burns LLP, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock, Assistant District Attorney, Savannah, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0674

    Defendant who pled guilty to avoid a death penalty trial did not show that manifest injustice could result unless his plea was with

  • Preuss v. Stokes-Preuss

    Publication Date: 2002-09-27
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Adam R. Gaslowitz Adam R. Gaslowitz & Assocs., Atlanta, for appellant.
    for defendant: John W. Spears Jr., Malane T. Spears Spears & Spears, John W. Drake McCurdy & Candler LLC, Decatur, and Richard J. Dreger, Roswell, for appellees.
    Case Number: S02A0834

    Plaintiff's action to remove defendant as co-executor of decedent's will did not trigger the will's in terrorem c

  • Green v. State

    Publication Date: 2002-09-27
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Steven L. Beauvais Zipperer & Lorberbaum and Richard M. Darden Darden, Burns & Burns LLP, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock, Jon Hope, Assistant District Attorneys, Savannah, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.
    Case Number: S02A1082

    A second judicial officer may authorize an amendment to a search warrant upon a showing of probable

  • Johnson v. Riverdale Anesthesia Assocs. PC

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gary Hill Hill & Bleiberg, Atlanta, for appellant.
    for defendant: . H. Andrew Owen Jr., Amy J. Kolczak Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, and Larry K. Evans Evans & Evans, Griffin, for appellees. Amicus Appellant: Robert P. Monyak, Lucas W. Andrews Love, Willingham, Peters, Gilleland &Monyak, Philip C. Henry Henry, Spiegel, Fried & Milling LLP, Charles A. Mathis Jr. Middleton, Mathis, Adams & Tate PC, Atlanta, J. Vincent Cook Cook, Noell, Tolley, Bates & Michael, Athens, and Joel O. Wooten Jr. Butler, Wooten, Overby, Fryhofer, Daugherty & Sullivan, Columbus.
    Case Number: S01G1138

    The trial court properly excluded plaintiffs' irrelevant questions regarding what a defense expert would personally have done under the circumstances since the applicable standard of care is one emp

  • Webb v. State

    Publication Date: 2002-08-02
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Cassandra M. Ford, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Wilson B. Mitcham Jr., Assistant District Attorney, Greensboro, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0689

    There was no evidence that any of the jurors were related to defe