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  • Head v. Carr

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Beth A. Burton, Assistant Attorney General, Atlanta, for Head. Nila J. Robinson Robinson, Pearson, Berk & Cross, Appleton, and Brian S. Kammer Georgia Resource Ctr., Atlanta, for Carr.
    for defendant:
    Case Number: S00A1798; S00X1800

    Defendant suffered no actual prejudice from his counsel's failure to memorialize an alleged implied deal in exchange for defendant's pretrial statement and testimony at his codefendant's death penal

  • Sawnee Elec. Membership Co. v. Georgia Pub. Serv. Comm'n.

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James A. Orr and Charles B. Jones III Sutherland, Asbill & Brennan, Atlanta, for appellant.
    for defendant: Kevin C. Greene Troutman Sanders, Helen O'Leary Georgia Pub. Serv. Comm'n., James S. Hurt Consumer Util. Counsel Div., Thurbert E. Baker Jr., Attorney General, Daniel S. Walsh, Harold D. Melton and Robert S. Bomar, Assistant Attorneys General, Atlanta, for appellee. Amicus appellant: L. Clifford Adams Jr., Peter M. Degnan, Robert J. Middleton Jr. Alston & Bird, Atlanta, Richard G. Tisinger Sr. and Steven T. Minor Tisinger, Tisinger, Vance & Greer, Carrollton.
    Case Number: S00G0945

    The large-load customer choice exemption to the Georgia Territorial Electric Service Act, O.C.G.A. § 46-3-1 et seq., did not apply to a 380-unit apartment complex where electric service to each apar

  • Rolison v. Georgia Cent. Ry. LP

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Malcolm F. Bryant Jr., Vidalia, for appellant.
    for defendant: . Curtis V. Cheney Jr. Cheney & Cheney, Reidsville, and William R. Rice Newton, Smith, Durden, Kaufold, Rice & Tribble, Vidalia, for appellee.
    Case Number: S00A1761; S00A1762

    Railroad's right-of-way was not presumed to be the maximum width allowed by law because defendants presented evidence which put the width of the right-of-way in que

  • Treadwell v. Investment Franchises Inc.

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Ralph F. Simpson Simpson & Cross, Tifton, for appellant.
    for defendant: Gregory C. Sowell Sowell & Sandifer PC, Tifton, for appellee.
    Case Number: S00A2041

    Plaintiffs were not entitled to an interlocutory injunction pending the resolution of their claim that they were entitled to use defendant's parking area under a license agreement because they could

  • Harris v. State

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1624

    The trial court erred in charging that the jury could infer defendant's intent to kill from his use of a deadly w

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  • Jenkins v. Clayton

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Walden G. Housman Jr., Athens, for appellant.
    for defendant: Leroy Clayton, Millen, proceeded pro se.
    Case Number: S00A1557

    The trial court could not enjoin the defendants from operating a sport shooting, skeet or other target shooting range at their sporting clay course because the course did not violate any noise contr

  • Matthews v. Macon Water Auth.

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lester Z. Dozier Jr. Dozier & Sikes and Charles M. Cork III Reynolds & McArthur, Macon, for appellant.
    for defendant: Craig N. Cowart Miller & Towson, Macon, and Jerald R. Hanks Finley & Buckley PC, Atlanta, for appellee.
    Case Number: S00A1542

    O.C.G.A. § 51-2-2 did not pre-empt the vicarious liability immunity provision in a city water authority's ch

  • Everchanged Inc. v. Young

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Julian H. Toporek, Savannah, for appellant.
    for defendant: Marvin A. Fentress Oliver, Maner & Gray, Savannah, for appellees.
    Case Number: S01A0649

    Plaintiff's direct appeal of the cancellation of its lis pendens was transferred to the Court of Appeals because the underlying issue involved a legal question which could be resolved without resort

  • State v. Dickerson

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and Donald Geary, Assistant District Attorney, Lawrenceville, for the state. Walter M. Britt and Deborah F. Weiss Chandler & Britt LLC, Buford, for Dickerson. Amicus appellant: Daniel J. Craig, District Attorney, Augusta, Kenneth B. Hodges, District Attorney, Albany, and Joseph F. Burford, Smyrna.
    for defendant:
    Case Number: S00G0646; S00G0696

    The state has an affirmative duty to produce information required under the reciprocal discovery act and cannot rely on the fact that this information is not within its posse

  • Gordon v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Walter R. Finch III and Debra M. Finch Finch & Finch PC, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, Marsha D. Cole, Chief Assistant District Attorney, Danielsville, Thurbert E. Baker Jr., Attorney General, Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1416

    Testimony that defendant's girlfriend said everyone "knew he did it" was not subject to a hearsay objection because it was so speculative that it could not have been offered to prove the truth of th