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  • Lindsey v. State

    Publication Date: 2007-10-05
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Mark A. Yurachek Mark Allen Yurachek & Assocs. and Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A1220

    The trial court harmfully erred in allowing the prosecutor to question the defendant about his extensive misdemeanor arrest r

  • Trujillo v. State

    Publication Date: 2007-07-27
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and William S. Hart, Woodbine, for appellee.
    Case Number: A07A0936

    Evidence that an officer seized two duffle bags weighing over 50 pounds and containing plant matter, which tested positive rijuana in three separate tests, supported the defendant's conviction

  • Davis v. State

    Publication Date: 2007-07-27
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Carl J. Spence, Lawrenceville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor, and Liza M. Moultrie Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A07A1356

    Two breath tests taken 11 minutes apart were taken sequentially for the purposes of O.C.G.A. § 40-

  • Baker v. Merrill Lynch Trust Co. FSB

    Publication Date: 2007-07-20
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, John B. Ballard Jr. and Grace E. Lewis, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: C. Fred Reeves, W. Allen Separk, Marietta, and Patricia D. Friedman, Atlanta, for appellees.
    Case Number: A07A0404

    The trial court erred in declining to apply O.C.G.A. § 53-12-113's cy pres doctrine-providing that ' "if a valid charitable bequest, trust, or gift cannot be executed in the exact manner provided by

  • Georgia Pine Community Serv. Bd. v. Summerlin

    Publication Date: 2007-07-13
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Gary L. Seacrest and Annarita M. Busbee Seacrest, Karesh, Tate & Bicknese LLP, Atlanta, for appellant.
    for defendant: Cale H. Conley, Richard A. Griggs Conley Griggs LLP, Atlanta, and C. Frederick Overby Overby Law Office PC, Columbus, for appellees. Amicus appellant: Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Loretta L. Pinkston and Jennifer L. Dalton, Assistant Attorneys General, Atlanta.
    Case Number: S06G1461

    Both O.C.G.A. § 9-11-4 and 50-21-35 apply to service of process under the Georgia Tort Claim

  • Rivera v. State

    Publication Date: 2007-07-06
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Teresa M. Schiefer Attorney General's Office, Atlanta, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes Geerdes & Kim LLC and Richard A. Malone Prosecuting Atty's Council, Atlanta.
    Case Number: S07P0151

    The trial court did not abuse its discretion in denying a mistrial or failing to give curative instructions, based on the state's narrowly tailored and logical argument that the defendant presented

  • Griffin v. State

    Publication Date: 2007-07-06
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas L. Kirbo III The Kirbo Law Firm, and Jon V. Forehand Allen & Forehand, Moutrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Robert R. Auman, Assistant District Attorney, Thomasville, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0385

    O.C.G.A. § 16-5-40 does not preclude a conviction for kidnapping with bodily injury if the bodily injury occurs after the victim's

  • Sampson v. State

    Publication Date: 2007-06-15
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Mark A. Casto Bennett & Casto PC, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Crawford L. Seals, Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0375

    The defendant fatally shot his ex-girlfriend after seeing her with anothe

  • ChoicePoint Servs. Inc. v. Hiers

    Publication Date: 2007-04-13
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard R. Gignilliat and William D. Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellant.
    for defendant: Robert J. Mottern and Vaughn W. Fisher Jr. Buker, Jones & Haley PC, Atlanta, for appellee.
    Case Number: A07A0803

    The plaintiff brought the same quantum meruit claim in a prior suit against the defe

  • Hammontree v. State

    Publication Date: 2007-03-16
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Richard E. Currie, District Attorney, and Kurt J. Martin, Douglas, for appellee.
    Case Number: A06A2367

    Defendant's actions on night in question, when he repeatedly made inappropriate sexual comments to his daughter's 15-year-old overnight guest and exposed his erect penis to her, were admissible as