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  • Duffie v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Larkin M. Lee, Zebulon, for appellant.
    for defendant: William T. McBroom III, District Attorney, Daniel A. Hiatt, Assistant District Attorney, Griffin, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1638

    The trial court had discretion to recharge the jury on malice murder and justification without recharging on post-traumatic stress disorder, which defendant relied on in support of his justification

  • Prater v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas W. Cauthorn III Cauthorn & Phillips, Marietta, for Prater. Marc D. Cella, Marietta, for Thomas. Alan J. Baverman, Atlanta, for Tomlinson. Patrick H. Head, District Attorney, Maria B. Golick, Eleanor A. Kornahrens, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S00A1684; S00A1685; S00A1686

    State's failure to seek convictions for felony murder based on the lesser included offense of attempted armed robbery in defendants' first trial barred any retrial for that

  • Security Life Ins. Co. of Am. v. Clark

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: William D. Barwick, Teresa W. Roseborough, Robert J. Neis, Amelia T. Rudolph and Carla W. McMillian Sutherland, Asbill & Brennann LLP, Atlanta, for appellant.
    for defendant: Preyesh K. Maniklal, Hardy Gregory Jr., Davis, Gregory, Christy & Forehand, Cordele, William S. Stone and Kevin R. Dean William S. Stone PC, Blakely, for appellees. Amicus appellant: Harold G. Clarke Troutman Sanders, George E. Duncan Jr. Duncan & Mangiafico, Allen S. Willingham Love & Willingham, Lewis E. Hassett Morris, Manning & Martin, Atlanta, Thomas C. Alexander Jones, Cork & Miller, Macon, Billy N. Jones Jones, Osteen, Jones & Arnold, Hinesville, Peter R. Chaffetz, Thomas J. McCormack and Stanley B. Lutz Chadbourne & Parke LLP, New York, NY, Victoria E. Fimea, Washington, D.C.
    Case Number: S00G0006

    The Supreme Court reversed the Court of Appeals' decision in Security Life Ins. Co. v. Clark, 239 Ga. App. 690 1999, holding that it violated the law of the case doctrine on remand from the Supreme

  • Plaza Properties Ltd. v. Prime Bus. Invs. Inc.

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Joe A. Weeks, Avondale Estate, for appellant.
    for defendant: . Thomas W. Tobin and Valerie G. Tobin Tobin & Hoffspiegel, Atlanta, for appellee.
    Case Number: S00G0411

    Defendants waived their right to a jury by failing to object when the court granted them a continuance on the condition that they proceed with a bench

  • Haynes v. Wells

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Matthew C. Billips and Maribeth Kijowski Zimring, Smith & Billips PC, Atlanta, for appellant.
    for defendant: David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, and Donald M. Comer II, Jonesboro, for appellee.
    Case Number: S01A0100

    Because school board candidate was not registered to vote in the local district at the time he declared his candidacy, his name was removed from the b

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    Connecticut Landlord and Tenant Law with Forms Third Edition (2020)

    Authors: NOBLE F. ALLEN

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  • MDC Blackshear LLC v. Littell

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Terry A. Dillard Dillard & Bower, Waycross, William B. Brown, George H. Myschrall Jr. Heyman & Sizemore LLC and Jacqueline Marcucci, Atlanta, for appellant.
    for defendant: . Kenneth E. Futch, Daniel L. Bennett Jr. and Philip N. Golub, Blackshear, for appellee.
    Case Number: S00A1268

    City's failure to collect taxes on a dirt alley was insufficient as a matter of law to constitute acceptance of the alley for publi

  • Smith v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: J. Robert Joiner, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1184

    Because the jury's written note to the trial court indicated that the jury had already reached a verdict, any error in the trial court's communication with the jury outside of defendant's presence w

  • Beck v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Tony L. Axam, Atlanta, for appellant.
    for defendant: Roger G. Queen, District Attorney, Ellijay, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Atlanta, for appellee.
    Case Number: S00A1022

    The defendant was not entitled to present expert testimony to help the jury understand that work related stresses provoked him to shoot his supervisor after the supervisor told him he was

  • Byrd v. Owen

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Herman M. Kilgore, Assistant District Attorney, Atlanta, for appellant.
    for defendant: James C. Carr Jr., Atlanta, for appellee.
    Case Number: S00A1062

    The state's failure to disclose its immunity agreement with its key witness entitled the murder defendant to habeas r

  • Dean v. Tabsum Inc.

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Robert A. Falanga Falanga & Chalker and Allen E. Bates Allen E. Bates & Assocs., Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Robert C. Edwards, Assistant Attorney General, Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellees. Amicus Appellant: Mark L. Stuckey, Atlanta.
    Case Number: S00A1331

    O.C.G.A. § 50-21-28 establishes venue in suits against the state, even if the state is not the sole tortf