• Mitchell v. Mitchell

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bret E. Rudeseal, Shannon, for appellants. Frank H. Jones, Rome, for appellees.
    for defendant:

    Case Number: S05A0801

    The testator's 2001 will impliedly revoked his 1991 will, because the testamentary schemes of the two instruments were completely inconsi

  • Gordon v. Atlanta Cas. Co.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Randy J. Ebersbach Kam, Ebersbach & Lewis PC, Newnan, for appellant.
    for defendant: . Daniel C. Prout Jr. Harper, Waldon & Craig, Karsten Bicknese and Peter Werdesheim Seacrest, Karesh, Tate & Bicknese LLP, Atlanta, for appellee. Amicus appellant: Charles M. Cork III, Macon.

    Case Number: S04G1388

    The insurer was liable for uninsured motorist benefits under the terms of the father's policy that included family members residing in the same household, even though the minor child who was struck

  • Adamson v. Sanders

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John G. Conger, District Attorney, Robert H. Sandwich Jr., Assistant District Attorney, Columbus, for appellant.
    for defendant: Wystan B. Getz Oakhurst Law Group LLC, Decatur, for appellee.

    Case Number: S05A0544

    The defendant did not have a full and fair opportunity to litigate his federal and state constitutional claims with regard to a breathalyzer test obtained in violation of his constitutional r

  • Howard v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James M. Allison Jr., Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, Christopher R. Johnston, Assistant District Attorney, Douglasville, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A0268; S05A0269

    The seizure of affidavits from the defendants' jail cells did not violate their Sixth Amendment right to counsel where the defendants prepared the affidavits and disseminated them to o

  • Gay v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John K. Gross, Metter, for appellant.
    for defendant: William S. Askew, District Attorney, Charles D. Howard, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A0401

    The trial court's error in admitting a witness's st ts in violation of federal and state confrontation clauses was harmless, since the hearsay portion of the testimony regarding the witness's s

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  • Tabor v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Stuart Tabor, Blairsville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, Jeremy D. Clough, Assistant District Attorney, Hiawassee, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S05A0214

    The defendant can raise his claims of unlawful detention for carrying concealed weapons at his pending criminal

  • McKesson Corp. v. Green

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Joseph R. Manning and John H. Williamson Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: . H. Lamar Mixon, Jill A. Pryor, Jason M. Freier Bondurant, Mixon & Elmore LLP, John G. Parker Paul, Hastings, Janofsky & Walker and Dorothy Y. Kirkley Kirkley & Payne LLP, Atlanta, for appellees. Amicus Appellant: Myer Eisenberg, Deputy General Counsel, and Edward C. Schweitzer U. S. Securities Exchange Comm., Washington, D.C.

    Case Number: S04G1228, S04G1229

    The appellant's confidentiality agreement with the SEC did not insure that certain audit documents would remain confidential, since the agreement allowed the SEC to give the documents to others if i

  • Williams v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Randall M. Clark, Brunswick, and Keith M. Morris, Baxley, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, John B. Johnson III, Chief Assistant District Attorney, Jesup, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S04A1737; S05A0110

    Defendant's withdrawal of his speedy trial demand, subsequent inaction in urging the trial of his case and failure to establish specific prejudice weighed against the state's extraordinarily long d

  • Fletcher v. Ellenburg

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael C. Pruett Haygood & Pruett, Watkinsville, for appellant.
    for defendant: Robert J. Grayson and Julie D. Schneider Edwards, Friedewald & Grayson, Marietta, for appellees.

    Case Number: S05A0396

    A tract of land, which the decedent bequeathed to the appellant in her original will, was adeemed pursuant to O.C.G.A. § 53-4-66, because the decedent sold the property and amended her will to speci

  • Flanders v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Patrick D. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker, Attorney General, and Frank M. Gather Jr., Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A1873

    Defense counsel opened the door to the detective's testimony that the murder weapon did not fire accid y, when counsel stated in his opening that the detective believed the shooting was accid