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  • Boynton v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jason R. Hasty Olmert, Hunnings & Hasty, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1257

    The trial court did not abuse its discretion in refusing to recharge the jury on the defense of accident where the jury did not seek a recharge on that point o

  • Cagle v. Cagle

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Russell W. Smith and Joshua D. Huckaby Sanders & Smith PC, Toccoa, for appellant.
    for defendant: M. K. York Kimzey, Kimzey & York, Cornelia, and Allan R. Ramsay McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.
    Case Number: S03A1316

    The doctrine of laches barred plaintiff's claim for a constructive trust on real property, which she brought 36 years after defendant acquired sole title to the property in que

  • Jackson v. Tolliver

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Charles L .Daniel III McCamy, Phillips, Tuggle & Fordham, Dalton, for appellant.
    for defendant: Stephen B. Farrow and Jonathan L. Bledsoe Minor, Bell & Neal PC, Dalton, for appellee.
    Case Number: S03A0942

    The principle of title by acquiescence was inapplicable where record title to the property was undisputed and the property line was not in dispute, uncertain or unascert

  • Brochin v. Brochin

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert E. Hall Hall & Rapoport, Atlanta, for appellant.
    for defendant: James J. McGinnis McGinnis & Chambers LLC, Atlanta, for appellee. Other Party Representation: Melody Z. Richardson, Atlanta.
    Case Number: S03A0964

    Uniform Superior Court Rule 24.7 does not prevent a trial court from issuing a final divorce decree, while reserving the issue of attorneys' fees for subsequent resol

  • Strozer v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1042

    The inclusion in the jury of prospective jurors who may have seen defendant in jail clothes, did not require disqualification of the entire jury

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  • Carlisle v. State

    Publication Date: 2003-09-26
    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: Daniel J. Porter, District Attorney, and Daniel K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S03G0114

    The trial court lacked jurisdiction to try the defendant for offenses, which were nolle prossed, were not reinstated by an order vacating the nolle prosse within the same term of court and were not

  • Gigger v. White

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael A. Dominy, Atlanta, for appellant.
    for defendant: Melvin Drukman, Atlanta, for appellee.
    Case Number: S03A0978

    O.C.G.A. § 44-6-123-addressing prescriptive title among cotenants-was inapplicable because plaintiff entered into possession of the property in question as the owner of the entire estate under color

  • Ashford v. Van Horne

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thomas m. Strickland, Athens, for appellant.
    for defendant: John F. Lyndon, Athens, Eugene M. Benton and Robert M. Malcom Benton, Preston & Malcom PC, Monroe, for appellee.
    Case Number: S03A0698

    There was no evidence that the testator's will resulted from monomania-a condition which causes hallucinations and insane delusions as to only one or a few sub

  • Shiver v. State

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jody D. Peterman, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0144

    The trial court did not abuse its discretion by failing to sua sponte excuse for cause a juror who was the father of an assistant district attorney, since the juror said he would judge the case sole

  • Whitner v. State

    Publication Date: 2003-07-25
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: William E. Nethery, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Jeanne M. Canavan, Rosemary Brewer, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0599

    Defendant could not ask potential jurors whether they believed the insanity defense was a "cop-out" and whether they would reject such a defense based on their personal be