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  • Hyde v. State

    Publication Date: 2016-05-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Hopton Hyde, Waycross, proceeded pro se. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: S16A0698

    The defendant's sentence of life without the possibility of parole, which the trial court imposed under Georgia's recidivist statute, O.C.G.A. § 17-10-7 subs c, was void, because § 17-10-7 sub

  • Kliesrath v. Estate of Davis

    Publication Date: 2016-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Terri N. Gordon, Assistant County Attorney, and Laura K. Johnson DeKalb County Law Department, Decatur, for appellant.
    for defendant: . Lance D. Lourie Watkins, Lourie, Roll Chance LLP, Robert A. Moss Moss Rothenberg, Angela R. Fox, and James D. Summerville The Summerville Firm LLC, Atlanta, for appellees.
    Case Number: S15G1206

    The Court of Appeals did not have jurisdiction over a direct appeal from a decision denying two police officers' motion for summary judgment based on official and qualified immunity in a lawsuit ari

  • McKinney v. Fuciarelli

    Publication Date: 2016-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Annette M. Cowart, Senior Assistant Attorney General, Shelley S. Seinberg, Assistant Attorney General, and Britt C. Grant Attorney General's Office, Atlanta, for appellant.
    for defendant: . David B. Hornsby and Graham R. Scofield Hornsby Law Group, Atlanta, for appellee. Amicus Appellee: Julie K. Bracker Bracker Marcus LLC, Marietta.
    Case Number: S15G1885

    The trial court properly dismissed the plaintiff's claims against government defendants in their individual capacities based on the plaintiff's failure to obtain the Attorney General's approval prio

  • Carter v. State

    Publication Date: 2016-04-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James B. McGee III McGee McGee, Waycross, for appellant.
    for defendant: George E. Barnhill, District Attorney, Waycross, Ian L. Sansot, Assistant District Attorney, Douglas, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0673

    The jury was authorized to reject the defendant's claim that he shot the victim in self-defense during a drug transa

  • Bonman v. State

    Publication Date: 2016-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jason R. Hasty, Martinez, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Aimee F. Sobhani, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0262

    Even assuming that the trial court erred in declining the defendant's request to charge the jury on involuntary manslaughter as a lesser included offense of murder, the error was harmless because it

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  • Georgia Farm Bureau Mut. Ins. Co. v. Smith

    Publication Date: 2016-03-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lee M. Gillis Jr., Duke R. Groover James Bates Brannangroover LLP, Macon, and Norman S. Fletcher Brinson Askew Berry Seigler Richardson Davis LLP, Rome, for appellant.
    for defendant: Amicus Appellant: Seth M. Friedman Lewis Brisbois Bisgaard Smith, Atlanta, Mark W. Wortham Hall Booth Smith PC, Columbus, and Steven E. Leder Leder Law Group, Baltimore, MD. Charles A. Childers Childers, Schlueter Smith LLP, John D. Hadden Turkheimer Hadden LLC, Jonathan W. Johnson, Atlanta, and John L. Strauss, Covington, for appellees. Amicus Appellees: David J. Hungeling, Atlanta, Michael H. Sampson Reed Smith LLP, Pittsburgh, PA, Evan T. Knott, and Emily E. Garrison Reed Smith LLP, Chicago, IL.
    Case Number: S15G1177

    The Court of Appeals erred in holding, as a matter of first impression, that personal injury claims arising from lead poisoning due to lead-based paint ingestion were not excluded from coverage purs

  • Brannon v. State

    Publication Date: 2016-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael A. Rivera Public Defender's Office, Perry, for appellant.
    for defendant: George H. Hartwig III, District Attorney, Daniel P. Bibler, Deputy Chief Assistant District Attorney, Perry, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth M. Haase, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1724

    Although the evidence was sufficient to support the defendant's convictions for malice murder, felony murder, armed robbery and aggravated assault with a firearm, the trial court erred in merging ce

  • Strickland v. Strickland

    Publication Date: 2016-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Hylton B. Dupree Jr. and Blake R. Carl Dupree Kimbrough LLP, Marietta, for appellant.
    for defendant: . Allison B. Salter and Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellee.
    Case Number: S15G1011

    The Court of Appeals failed to properly apply the correct standard of review in an appeal of an award of permanent custody of three minor children to their grandpa

  • Hoard v. Beveridge

    Publication Date: 2016-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael J. Bowers and Joshua M. Moore Balch Bingham LLP, Atlanta, for appellant.
    for defendant: Elizabeth G. Lindsey Davis, Matthews Quigley PC, Atlanta, for appellee.
    Case Number: S15A1685

    The trial court did not abuse its discretion in awarding husband attorney fees pursuant to O.C.G.A. § 19-6-2 subsection a in his divorce action against wife after the trial court found that such an

  • Brooks v. State

    Publication Date: 2016-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Leah D. Madden, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Gerald Mason, Assistant District Attorney, Shannon E. Hodder District Attorney's Office, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1480

    The trial court erred in allowing the State to introduce similar transaction evidence to prove identity, motive and course of conduct in the defendant's murder trial, because it was not relevant to