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  • Luke v. Battle

    Publication Date: 2002-07-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Marcus C. Chamblee Center for Prisoners' Legal Assistance, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0088

    The habeas court erred in applying the pipeline rule to the defendant's habeas petition based on the decision in Brewer v. State, 271 Ga. 605 1999, which established a new rule of substantiv

  • Graham v. State

    Publication Date: 2002-07-12
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Jane E. Grabowski and Jack S. Jennings, Assistant District Attorneys, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0425

    The trial court failed to inform the jury that it took judicial notice of the fact that the crimes occurred in a city which was located entirely within the county where defendant's trial was

  • Rodriguez v. State

    Publication Date: 2002-07-12
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Norman H. Cuadra, Lawrence J. Zimmerman and Jason J. Kesser, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor, Akintunde A. Akinyele and Courtney L. Johnson, Assistant Solicitors, Decatur, for appellee. Amicus Appellants: Jose A. Delcampo, Keri P. Ware Nix, Delcampo, Thornton & Graddock, Decatur, and Douglas W. McDonald Jr. McDonald & Cody LLC, Cornelia.
    Case Number: S02A0412

    O.C.G.A. § 249-103, which requires officers to obtain a qualified interpreter when taking a hearing impaired person into custody, does not violate equal protection by failing to provide such accomm

  • Swain v. State

    Publication Date: 2002-05-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Hal T. Peel, Claxton, for appellant.
    for defendant: John T. Durden Jr., District Attorney, James S. Archer, Assistant District Attorney, Hinesville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0143

    The defendant was not denied his right to a fair and impartial jury when the trial court severed his trial from that of a co-defendant and proceeded with defendant's trial after the jury had been sel

  • Nichols v. State

    Publication Date: 2002-05-10
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George M. Plumides, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Amira S. AbuBakr Arshad, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0391

    The trial court properly refused to charge on voluntary manslaughter because defendant was prompted to fire the fatal shot after fighting with her ex-lover and his wife in the parking lot of a nigh

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  • Hayes v. State

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Candace K. Slezak, Decatur, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0022

    The defendant strangled the victim, burned her body and dumped it in a

  • Perez-Castillo v. State

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Wystan B. Getz Clark & Towne, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Donald Geary, Assistant District Attorney, and Gregory D. McKeithen, Lawrenceville, for appellee.
    Case Number: S02A0227

    Defendant who gambled on his acquittal under the marijuana trafficking statute could not challenge the constitutionality of that statute for the first time on a

  • University Health Servs. Inc., d/b/a Univ. Hosp. v. Long

    Publication Date: 2002-03-22
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Wyckliffe A. Knox Jr. Kilpatrick Stockton LLP, Atlanta, and Joseph H. Huff Kilpatrick Stockton LLP, Augusta, for appellant.
    for defendant: Thomas W. Tucker, John B. Long, A. Montague Miller Tucker, Everitt, Long, Brewton & Lanier, and John P. Batson, Augusta, for appellee. Amicus Appellee: Jack S. Schroder Jr. Alston & Bird, Atlanta.
    Case Number: S01A1658

    When reviewing a hospital's revocation of a doctor's clinical privileges, the trial court had to defer to the hospital's judgment that the doctor mismanaged patient

  • Schwartz v. Schwartz

    Publication Date: 2002-03-22
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Molly M. Howard Howard & Whatley, Savannah, for appellant.
    for defendant: James C. Metts III, Savannah, for appellee.
    Case Number: S01A1425

    An ex-hu was entitled to retain the entire income tax refund from a joint tax return because the couple's divorce settlement agreement placed the entire year's tax liability on the ex-hu

  • Wade v. State

    Publication Date: 2002-03-08
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Don W. Thompson, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Michael J. Moeller, Assistant District Attorney, Summerville, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1493

    The evidence authorized a finding that defendant killed the victim with a blunt force object to obtain the victim's payroll