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  • Blake v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Melvin Abercrombie Abercrombie Law Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1857

    Evidence that defendant threatened to kill the mother of his child shortly before the victim's murder was admissible to rebut his insanity de

  • Caf Risque / We Bare All Exit 10 Inc. v. Camden County

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Elizabeth R. Francisco Sinnreich & Francisco, Macon, for appellant.
    for defendant: Terry L. Readdick and Gregory T. Carter Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellee.
    Case Number: S00A1900

    Petitioner was not entitled to a writ of mandamus to compel the county to reinstate a special use permit for a warehouse in a district zoned as interchange commercial because the county's zoning or

  • Cooper Tire and Rubber Co. v. Crosby

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: W. Wray Eckl, Melanie C. Eyre Drew, Eckl & Farnham, Atlanta, and Dawn G. Benson Watson, Spence, Lowe & Chambless LLP, for appellant.
    for defendant: Edward E. Strain III, David A. Sleppy Cathey & Strain, Cornelia, Sidney L. Cottingham and Robert L. Porter Jr. Cottingham & Porter, Douglas, for appellees. Amicus appellants: Byron Attridge, Chilton D. Varner, Amy M. Power King & Spaulding, Douglas N. Campbell, Kenneth J. Moran McGuire, Woods, Battle & Boothe, N. Karen Deming, Carmie L. McCurry Troutman Sanders, Terry R. Howell Lord, Bissell & Brook, G. Michael Banick, Karen M. Raby Alembik, Fine & Callner PA, Atlanta, High F. Young Jr., Reston, Va., and Harvey M. Grossman, Los Angeles, Calif. Amicus appellees: Deborah A. Ausburn Lord, Bissell & Brook, George W. Fryhofer III, Terrance C. Sullivan, Cale H. Conley Butler, Wooten, Overby, Fryhofer & Daugherty, Atlanta, James E. Butler Jr. and Joel O. Wooten Jr. Conley Butler, Wooten, Overby, Fryhofer & Daugherty, Columbus.
    Case Number: S00G0490

    The tire manufacturer's adjustment statistics based on honored consumer claims were inadmissible in the plaintiff's product liability suit because there was no substantial similarity between the tir

  • Atilano v. Board of Comm'rs of Columbia County

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Paul W. David, Augusta, for appellant.
    for defendant: William J. Keogh III Hull, Towill, Norman, Barrett & Salley, Harry D. Revell Burnside, Wall, Daniel, Ellison & Revell, Leonard O. Fletcher Jr., Wand William L. Fletcher Fletcher, Harley & Fletcher, Augusta, for appellee. Other party representation: Kay Allen, Tax Commissioner, and Pat Hardaway, Probate Judge, Appling.
    Case Number: S00A2058

    County's interest in relocating a private, abandoned cemetery outweighed any competing interests in leaving the cemetery undist

  • Malaguti v. State

    Publication Date: 2001-02-16
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: James B. McGinnis, Lawrenceville, Martin C. Jones and William M. McHugh Jr. Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1623

    Trial court did not abuse its discretion in permitting the state's alibi rebuttal witness to testify, even though the state failed to comply with the notification requirements of O.C.G.A. § 17-16-5

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  • Mann v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Steven E. Phillips, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green and Robert C. McBurney, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: S00G0478

    The trial court had discretion in sentencing defendant on his third conviction for possession of cocaine with intent to distribute under the specific recidivist provisions of O.C.G.A. § 16-13

  • Hicks v. Scott

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Kurtz, Assistant District Attorney, and Thurbert E, Baker, Atlanta, for appellee.
    Case Number: S00A1790

    The superior court of the county where the federal defendant was incarcerated had jurisdiction over his petition for habeas corpus r

  • Johnson v. Boyington

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Aldean Boyington, Griffin, proceeded pro se.
    Case Number: S00A1493

    The orders revoking defendant's prob in four cases were sufficient for both the appellate courts and defendant to ascertain the trial court's basis for revoking his prob

  • Alexander v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1600

    Victim's statement on the night of his murder to a co-worker that defendant was looking for him was admissible under the necessity exception to the hearsay

  • Bailey v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George D. Bush, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Nancy B. Johnson, Assistant District Attorneys, Augusta, Thurbert E. Baker, Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1540

    Murder defendant was not entitled to a sua sponte mistrial after the state referred to his co-indictee's guilty pleas during opening argu