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  • Bass v. State

    Publication Date: 2011-04-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Patrick Bass, Coleman, Fla., proceeded pro se. Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
    for defendant:
    Case Number: S11A0158

    The defendant's 10-year probation sentence for escape from lawful custody prior to conviction of any offense was illegal and void as the maximum sentence for such offense was five years, pursuant to

  • American Empire Surplus Lines Ins. Co. v. Hathaway Dev. Co. Inc.

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Garrett L. Pendleton The Pendleton Law Firm LLC and J. David Hopkins III Locke, Lord, Bissell & Liddell LLP, Atlanta, for appellant.
    for defendant: Craig N. Cowart, Atlanta, for appellee. Patrick J. Weilinski Cokinos, Bosien & Young PC, Arlington, TX, for amicus appellee.
    Case Number: S10G0521

    Negligently performed faulty workmanship, which damages other property, may constitute an occurrence under the CGL insurance policy at

  • Roscoe v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0415

    Under the circumstances, a variance between the allegation in the defendant's indictment that he possessed a firearm after being convicted of theft by taking in 1997 and the evidence at trial that h

  • Johnson v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Kevin C. Armstrong and Leisa G. Terry, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Albany, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0257

    Evidence, which did not show that the defendant took the murder victim's debit card with force before or contemporaneous with the taking, could not support his armed robbery convi

  • Democratic Party of Ga. Inc. v. Perdue

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Emmet J. Bondurant, David G. H. Brackett, and Jason J. Carter Bondurant, Mixon & Elmore LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter, Senior Assistant Attorney General, Mark H. Cohen Troutman Sanders LLP, and Ann W. Lewis Strickland, Brockington & Lewis LLP, Atlanta, for appellees.
    Case Number: S10A1517

    The photo ID requirement as implemented by the 2006 Photo ID Act is a minimal, reasonable, and nondiscriminatory restriction warranted by the important regulatory interest of preventing voter

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Ward v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bruce S. Harvey, K. Julie Hojnacki and Jennifer S. Hanson, Atlanta, for Ward. Darice M. Good Good & Lee LLC, Atlanta, for Kilgore. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1841; S11A0033

    The court denied the defendants their constitutional right to be present at all critical proceedings when it dismissed a juror outside of their presence at

  • Community Renewal and Redemption v. Nix

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gregory H. Blazer and John E. Robinson Robinson & Blazer LLP, Decatur, for appellant.
    for defendant: Howell A. Hall Pendergast & Jones PC, Gregory W. Sturgeon The Sturgeon Law Firm LLC, Atlanta, and Jerry D. McCumber, Decatur, for appellees.
    Case Number: S10A1727

    The right to redeem property sold under a tax execution is conditioned upon the tender of the amount required for redemption, which must be made before filing the redemption a

  • Higgenbottom v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: David J. Dunn Jr., LaFayette, and Steven A. Miller Public Defender's Office, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Alan C. Norton, Assistant District Attorney, Ringgold, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1571

    Trial court's 4-sentence order did not sufficiently provide for proper appellate r

  • Foxworthy Inc. v. Ferdinand

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amelia T. Phillips Phillips Law LLC, Alpharetta, for appellant.
    for defendant: William S. Sams, Matthew C. Welch, Kaye W. Burwell and R. David Ware County Attorney's Office, Atlanta, for appellee.
    Case Number: S10A2048

    Plaintiff not entitled to statutory interest when the trial court granted his money rule petition against defendant be defendant refused and delayed plaintiff's demand for payment for good

  • Herrera v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Benjamin D. Goldberg The Bernstein Firm, Atlanta, and Michael R. McCarthy, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1030

    The trial court did not err in refusing to excuse a juror who stated that he was biased against defendant because he was Hispanic, but then affirmed that he could set aside his feelings and decide t