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  • Gibson v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1330

    A witness heard five successive gunshots immediately before the defendant announced that he had ' "just killed her," ' in regard to his wife, whom officers found shot dead on her

  • Gomez-Cruz v. Brown

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jerome Lee Hernan, Taylor & Lee LLC, Norcross, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Eugene C. Reed Jr., Assistant County Attorney and Duane D. Pritchett County Attorney's Office, Decatur, for appellee.
    Case Number: S11A1043

    The appellant could not pursue a mandamus petition against the sheriff after she was released on

  • Darville v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0993

    The defendant's conviction for conspiracy to violate the Georgia Controlled Substances Act was reversed, as the language in the indictment at issue could be read to charge individuals with conspirac

  • McNeal v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Craig T. Pearson, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Ronald J. Poirier, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1076

    The trial court did not err in allowing the prosecutor to read the defendant's entire criminal history into evidence to disprove his testimony that a prior marijuana conviction was his only prior fe

  • Simpson v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amy L. Copeland, Savannah, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Gregory M. McConnell, Assistant District Attorney, Hinesville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0803

    Officers did not violate the defendant's federal and state rights against self-incrimination in requiring him to turn over his bloody clothes for inspection, since the defendant surrendered his clot

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    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Brinson v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James C. Garner, Soperton, for appellant.
    for defendant: Louis C. Fraser, District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Atlanta, for appellee.
    Case Number: S11A0827

    The trial court did not abuse its discretion in handling of noises in the courtroom purportedly made by the victim's f

  • Duvall v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, and Teresa L. Smith, Public Defender, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, for appellee.
    Case Number: S10G2079

    The defendant's knowledge of the chemical identity of the drug in his possession was a question of for the jury and the trial court should have instructed the jury on the defense of mistake of

  • Maples v. Maples

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Beth A. Smith Smith & Smith and John R. B. Long, Augusta, for appellant.
    for defendant: Barry N. Middleton, John A. Tisdale Tisdale Law Firm, Evans, and Jennifer S. McKinzie, Augusta, for appellee.
    Case Number: S11F0919

    The trial court properly entered the parties' original divorce decree order nunc pro tunc to cause the written judgment of divorce to relate back to the date of the original hearing and ruling i

  • Flores v. Exprezit Stores 98-Georgia LLC

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Mary K. Durant Durant Law LLC and Edward J. Bauer, Atlanta, for appellants. Gene A. Major Fain, Major & Brennan PC, Michael A. Sexton and Y. Kevin Williams Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Amicus appellant: Lyle G. Warshauer Warshauer Law Group PC, Alan J. Hamilton Butler, Wooten & Fryhofer, James D. Summerville The Summerville Firm LLC, Atlanta, Matthew E. Cook Butler, Wooten, Overby & Fryhofer et. al. and Traci G. Courville Oates & Courville, Columbus.
    for defendant:
    Case Number: S10G1652

    Georgia's Dram Shop Act applies to the sale to noticeably intoxicated adults of closed or packaged alcoholic beverages not intended for consumption on the pre

  • Fulton County v. Action Outdoor Advertising JV

    Publication Date: 2011-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Marvin J. Harkins, Vincent D. Hyman and R. David Ware, County Attorneys, Atlanta, for Fulton County. Christopher D. Balch Balch Law Group PC, John V. Burch, Sam E. Thomas Bovis, Kyle & Burch LLC, G. Franklin Lemond Jr., Edward A. Webb Webb, Klase & Lemond LLC, David H. Flint, Mark W. Forsling, Scott W. Peters Schreeder, Wheeler & Flint LLP, Wendell K. Willard Willard & Sullivan, Atlanta, Andrew A. Lewis, Scott T. Hastey Riley, Lewis & McLendon LLC, Marietta, and Laurel E. Henderson Henderson & Hundley PC, Decatur, for Action Outdoor. William R. Bryant, C. Sam Thomas Bovis, Kyle & Burch LLC, Wendell K. Willard Willard & Sullivan, Atlanta, Scott T. Hastey, William F. Riley Jr. Riley, Lewis & McLendon LLC, Marietta, Paul B. Frickey, Kenneth E. Jarrard Jarrard & Davis LLP, Cumming, and Laurel E. Henderson Henderson & Hundley PC, Decatur, for city of Sandy Springs. Amicus Appellant for Sandy Springs: Ted C. Baggett and Susan J. Moore Ga. Mun. Ass'n, Atlanta.
    for defendant:
    Case Number: S11A0023; S11A0101

    When an applicant submits an application for a p in accordance with applicable ordinances, the applicant is entitled to issuance of the p