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  • Boone v. State

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Verdice Boone, Oglethorpe, proceeded pro se. Fred A. Lane Jr., District Attorney, Dallas, Craig E. Miller, Assistant District Attorney, Cedartown, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S07A0448

    Habeas proceedings provided the defendant's only means to withdraw his plea five years after his sente

  • Logan v. State

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Raymond Logan, Trion, proceeded pro se. Stephen D. Kelley, District Attorney, Harold L. Joyner II, Assistant District Attorney, Brunswick, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S07A0359

    The trial court lacked authority to entertain the defendant's motion to withdraw his guilty plea to malice murder, burglary and possession of a knife in the commission of a crime after the expiratio

  • Spence v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Bernard S. Brody Pate & Brody LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S06A1850

    The murder defendant's confession was not admissible, since the interrogating officer represented to the defendant that the interrogation was confidential, contrary to the Miranda war

  • Spence v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Bernard S. Brody Pate & Brody LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S06A1850

    The murder defendant's confession was not admissible, since the interrogating officer represented to the defendant that the interrogation was confidential, contrary to the Miranda war

  • Yancey v. State

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0108

    The surviving victim identified the defendant as the driver of a van that pulled up alongside the victim's vehicle and loosed a barrage of gunfire, killing the victim's pass

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  • Ewing v. City of Atlanta

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George O. Lawson Jr. Lawson & Thornton PC, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Amber A. Robinson and Cleora S. Anderson City of Atlanta Law Dept., Atlanta, for appellees.
    Case Number: S06A1988

    The trial court erred in construing the pleadings most favorably to the city and the city's chief of police in dismissing a police lieutenant's petition for a writ of mandamus, seeking to require th

  • Shelton v. State

    Publication Date: 2007-03-09
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gerald B. Williams, Albany, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Ron S. Smith, Chief Assistant District Attorney, Cuthbert, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0008

    Defense counsel strategically called a witness, who recanted her statement in support of defendant's self-defense claim, because defendant insisted he call the witness and because it allowed the jur

  • Rice v. Grubbs

    Publication Date: 2007-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: J. Andrew and Kathryn W. Rice, Powder Springs, proceeded pro se. Thurbert E. Baker, Attorney General, Dennis R. Dunn, Rebecca S. Mick, Ann S. Brumbaugh and Stefan E. Ritter, Assistant Attorneys General, Atlanta, for appellee.
    for defendant:
    Case Number: S06A2024

    The trial court erred in awarding attorneys' fees without a he

  • Adkins v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Donald B. Lowe III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Isabel M. Pauley, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1716

    The trial court did not err in failing to sever the defendant's trial where all three co-defendants had complimentary, rather than antagonistic defenses and the crimes were committed simultane

  • McCormick v. Jeffers

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Emory F. Sanders Sr., Ziva P. Bruckner and Amanda N. Medlin Capers, Dunbar, Sanders & Bruckner LLP, Augusta, for appellant.
    for defendant: William J. William Johnston, Wilkin & Williams, Augusta, for appellees.
    Case Number: S06A0682

    The evidence showed that the testator's will was not attested to ' "in the presence of the testator" ' within the meaning of O.C.G.A. § 53-4-20 b of the 1998 Probate Code, since tnesses signed