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  • Wilson v. State

    Publication Date: 2003-10-03
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex

  • Spence v. State

    Publication Date: 2003-09-19
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jackie G. Patterson, LaGrange, for appellant.
    for defendant: Louis J. Kirby, Solicitor, LaGrange, for appellee.
    Case Number: A03A1047

    The trial court should have quashed the charge of attempting to elude an officer where state did not allege in the accusation that defendant was eluding an officer or police vehicle when he failed

  • Jackson v. State

    Publication Date: 2003-08-08
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Mark J. Nathan, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, David T. Lock, Chief Assistant District Attorney, and Patricia P. Stone, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1308

    A witness's testimony that he recognized defendant from an excerpt of the crime-scene surveillance video shown on TV was relevant and admissible to explain how police located defendant as a su

  • Murphy v. McCaughey

    Publication Date: 2003-07-18
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Purcell, Michael N. Loebl and Michael B. Hagler Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for Murphy. David E. Hudson Hull, Towill, Barrett & Salley, Augusta, for McCaughey.
    for defendant:
    Case Number: A03A0506; A03A0507

    The plaintiff was entitled to prejudgment interest on a jury award of contribution because a sum recovered as contribution bears interest from the time the surety paid the original oblig

  • Neely Dev. Corp. v. Sevice First Invs. Inc.

    Publication Date: 2003-05-30
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: F. Edwin Hallman Jr. and Harry K. Buttermore III Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: Emory L. Palmer, H. Lane Young II Hawkins & Parnell, and Glenn A. Delk Lightmas & Delk, Atlanta, for appellee.
    Case Number: A03A1291

    Defendant's obligation to execute a restrictive covenant survived the parties' real estate closing where they executed an Addendum and Acknowledgement, which expressly and unambiguously provided tha

  • Gardner v. State

    Publication Date: 2003-05-23
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Shandor S. Badaruddin, Missoula, Mont., for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A03A0370

    The trial court properly denied the defendant's untimely motion to pursue a mental illness de

  • Collier v. Merck

    Publication Date: 2003-05-02
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Larry D. Wolfe L. David Wolfe PC, Atlanta, for appellant.
    for defendant: Charles G. Hicks, County Attorney, William J. Linkhous III, Chief Assistant County Attorney, Sam L. Brannen Jr., Assistant County Attorney, Allison L. Byrd and Sonja M. Cox DeKalb County Law Dep't, Decatur, for appellees.
    Case Number: A03A0249

    The defendant's writ of certiorari appealing his conviction for violating a county ordi was fundamentally flawed since the defendant did not include a copy of the relevant ordi

  • Crowe v. State

    Publication Date: 2003-02-28
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: Richard R. Reed, District Attorney, and Robert A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A03A0463

    The defendant failed to show the relevance of the other's driver's chemical test results where his own expert testified that the traces of three drugs in her system would not have affected her abili

  • Usher v. State

    Publication Date: 2002-12-06
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John C. Martin Jr. Martin & Maguire, Conyers, for appellant.
    for defendant: Richard R. Reed, District Attorney, Robert W. Houman and Roberta A. Earnhardt, Assistant District Attorneys, Conyers, for appellee.
    Case Number: A02A1332

    The county jury commission was authorized to use the 1990 Census numbers to compile the 2000 grand jury list since it was the most recent decennial census available when the list was com

  • Foskey v. Vidalia City Sch.

    Publication Date: 2002-11-22
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, for appellee.
    Case Number: A02A1850

    The plaintiff needed a court order substituting parties to make the school district a party to her suit after she named and serve the board of education by mi