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  • State v. Cash

    Publication Date: 2015-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Donald R. Donovan, District Attorney, Steven J. Messinger, Chief Assistant District Attorney, Dallas, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Andrew S. Fleischman Public Defender's Office, Dallas, and Robert H. Citronberg, Atlanta, for appellees.
    Case Number: S15A0720

    The Court did not have jurisdiction to review the trial court's order denying ate's motion to recuse the trial judge who presided over the hearing on the defendants' new trial motions, because

  • Kemp v. Monroe County

    Publication Date: 2015-11-11
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, William W. Banks Jr., Denise E. Whiting-Pack, Senior Assistant Attorneys General, Mary J. L. Volkert, Assistant Attorney General, and Britt C. Grant Attorney General's Office, Atlanta, for Kemp. Virgil L. Adams, Donald J. Jordan, Dawn M. Lewis Adams Jordan PC, and Charles M. Cork III, Macon, for Bibb County. Carolyn C. Burch Chalmers Pak Burch LLC, Jessica E. Sabbath, Letitia A. McDonald King Spalding LLP, Atlanta, Michael A. Dillon, and Benjamin A. Vaughn Dillon Vaughn PC, Forsyth, for Monroe County. Other party representation: Carla W. McMillian Court of Appeals of Georgia, and Nels S. D. Peterson Attorney General's Office, Atlanta.
    for defendant:
    Case Number: S15A1251; S15A1252

    The trial court erred in ruling on remand that the Secretary of State could not hold a new hearing or consider additional evidence before making his final determination in a long-running boundary li

  • Ingram v. State

    Publication Date: 2015-10-26
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: D. Lowell Thomas, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Michael V. Snow, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1188

    The trial court did not abuse its discretion in denying the defendant's motion for a continuance following the events of September 11, 2001, because the case, in which the defendant threw a Molotov

  • Bagwell v. Trammel

    Publication Date: 2015-10-20
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: George E. Butler II, Dahlonega, for appellant.
    for defendant: Christopher D. Elrod Elrod Elrod PC, Oakwood, and R. Thad McCormack, Gainesville, for appellees.
    Case Number: S15A0820

    The trial court did not abuse its broad discretion in granting the plaintiff's claims for an equitable partit real property jointly owned by the parties and an equitable accounting and dissolu

  • Davis v. VCP S. LLC

    Publication Date: 2015-07-07
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thomas F. Allgood Jr. Allgood Mehrhof PC, and John C. Bell Jr. Bell Brigham, Augusta, for Davis. James W. Ellison and James B. Wall Wall Ellison LLP, Augusta, for VCP S. LLC. Other party representation: John A. Donsbach Donsbach King LLC, Martinez.
    for defendant:
    Case Number: S15A0142; S15X0143

    There was evidence to support the trial court's finding that the defendant was in both civil and criminal contempt of the order requiring her to take affirmative action to restore a company's Facebo

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • State v. Springer

    Publication Date: 2015-07-06
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellant.
    for defendant: Margaret E. Flynt Georgia Public Defender Standards Council, Atlanta, and Maryellen Simmons Public Defender's Office, Carrollton, for appellee. Amicus Appellant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, and Gary D. Bergman Prosecuting Attorney's Council of Georgia, Morrow.
    Case Number: S14G1539

    The Court overruled Jackson v. State and its progeny in holding that the defendant's convictions for aggravated assault and involuntary manslaughter based on reckless conduct were not mutually excl

  • Tafel v. Lion Antique Cars Invs. Inc.

    Publication Date: 2015-06-19
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Nowell D. Berreth, William H. Hughes Jr. Alston Bird LLP, Nicholas H. Lynton Altisource, Atlanta, and Brian D. Boone Alston Bird LLP, Charlotte, N.C., for Tafel. Michael J. King Greenberg Traurig LLP, and Andrew N. Capezzuto Georgia Department of Economic Development, Atlanta, for Lion Antique Cars Invs. Inc..
    for defendant:
    Case Number: S15A0183; S15X0184

    The trial court properly declined to exercise its equitable powers to mark satisfied a judgment that the plaintiff had obtained against the defendant in a long-standing dispute arising from a race c

  • Land USA LLC v. Georgia Power Co.

    Publication Date: 2015-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John A. B. Ayoub and Carolina D. Bryant Ayoub Mansour LLC, Atlanta, for appellant.
    for defendant: Douglas A. Henderson and Benjamin W. Cheesbro Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: S15A0406

    A power company lacked a valid and enforceable easement over the property where its power line was constr

  • Daughtie v. State

    Publication Date: 2015-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jana W. Jacobson Public Defender's Office, Royston, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Titus T. Nichols, Assistant District Attorneys, 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 Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0591

    The evidence was insufficient to support the defendant's conviction for theft by receiving, because there was no evidence that he knew or should have known that the handgun was stolen, and such know

  • State v. Sutton

    Publication Date: 2015-06-05
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Timothy G. Vaughn, District Attorney, Lauren C. S. Finley District Attorney's Office, Eastman, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mitchell M. Shook and Paul W. Calhoun III Salter, Shook Tippett, Vidalia, for appellee.
    Case Number: S15A0355

    The defendant acted in self-defense in shooting his brother-in-law and was thus immune from prosecution under O.C.G.A. § 16-3-24.2; accordingly, the trial court properly dismissed the murder indictm