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  • Ellis v. Johnson

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: George P. Donaldson III and Richard W. Fields Perry & Walters LLP, Albany, for appellant.
    for defendant: Kermit S. Dorough Jr., Albany, and Jesse G. Bowles III, Cuthbert, for appellees.
    Case Number: S12A0315

    O.C.G.A. § 15-9-120 2—defining probate court as ' "probate court of a county having a population of more than 96,000 persons according to the United States decennial s of 1990 or any future suc

  • Cook v. Board of Registrars of Randolph County

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Maurice L. King Jr., Albany, for appellant.
    for defendant: Franklin T. Coleman III and Robert K. Raulerson Perry & Walters LLP, Albany, for appellee. Amicus Appellant: Nancy G. Abudu and M. Laughlin McDonald ACLU Foundation Inc., Atlanta.
    Case Number: S12A0140

    A determination of voter qualifications, not clearly linked to a particular election, does not bring the appeal under the Supreme Court's jurisdiction over cases of election contest within the meani

  • Scott v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0193

    The trial court did not violate the continuing witness rule by allowing a copy of a witness's immunity agreement to go out with the jury because it was consistent with the theory of the de

  • State v. Caffee

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Jimmonique R. S. Rodgers, James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellee.
    Case Number: S11A1529

    Double jeopardy did not bar a second trial for murder, kidnapping and related charges, since the trial court based its grant of a new trial on the improper admission of evidence, as opposed to the i

  • Roberts v. Deal

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Elliott B. Watkins, Atlanta, for appellant.
    for defendant: . Charles L. Bachman Jr., Judson H. Turner, Robert L. Fortson Turner, Bachman & Garrett LLC, Marietta, Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, and Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, for appellees.
    Case Number: S11A1515

    The Governor was without authority to remove the elected members of a county board of education under O.C.G.A. § 45-10-4 for their alleged violations of O.C.G.A. § 45

  • Allen v. Sea Gardens Seafood Inc.

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig T. Jones Page Perry LLC and Robert B. Jackson IV, Atlanta, for appellant.
    for defendant: . Adam S. Poppell III, Darien, James A. Chamberlin Jr., Brunswick, and Mary J. L. Volkert, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1912

    Even if the purported consent judgment could be construed as an order enforcing the parties' settlement agreement, the trial court impermissibly modified the permit provision by eliminating its func

  • Clay v. State

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Joseph W. Vigneri, Atlanta, and Jason R. Clark, Georgia Capital Defender, Brunswick, for appellant.
    for defendant: Jacquelyn L. Johnson, District Attorney, Woodbine, Jonathan R. Miller III, Assistant District Attorney, Brunswick, Andrew J. Ekonomou The Lambros Firm LLC, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1956

    The trial court erred in concluding that the defendant's audio-recorded custodial interview was admissible in the state's case-in-chief even though it was obtained in violation of Mi

  • Goodson v. Ford

    Publication Date: 2012-03-09
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Clifford W. Harpe Jr., Cordele, for appellant.
    for defendant: . James H. Edge and David A. Garland Moore, Clarke, Duvall & Rodgers PC, Albany, for appellees.
    Case Number: S11A1740

    The trial court properly found that the defendants' interest in the property was in the nature of an easement rather than legal

  • Crowe v. Elder

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant.
    for defendant: J. Edward Allen Jr. and Kevin E. Epps Fortson, Bentley and Griffin PA, Athens, for appellee.
    Case Number: S11G1069

    Res judicata barred the plaintiff's breach of contract action involving the distribution of her father's e

  • Hill v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1914

    The officer's testimony that the defendant declined an opportunity to make a written statement did not constitute an impermissible comment on the defendant's invocation of the right to si