Filter This View

  • Allen v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Emory B. Bazemore, Tybee Island, and Richard M. Darden, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1800

    Confinement, as it relates to the 10-year limitation period for impeaching a witness with a prior felony conviction, does not include that portion of a sentence served while on probation or p

  • Julius v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S10A0048

    Forensic evidence showed that the defendant shot the victim in the back of the

  • Shaw v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1126

    Defense counsel was not deficient for failing to introduce evidence of the victim's prior act where no credible evidence could be

  • Allen v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: S08G1733

    The defendant's August 2001 convictions could not be used as proof of a prior felony conviction under OCGA § 16-10-52, since neither those convictions, nor their pre-conviction charges, were the fel

  • Lawrence v. Lawrence

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Kice H. Stone Stone & Driggers LLC, Macon, for appellee.
    Case Number: S09A1370

    The parties' antenuptial agreement was clearly a contract made in contemplation of divorce, not a contract made in contemplation of marriage, thus, the agreement was not subject to O.C.G.A. § 19-3-6

  • Ruiz v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0821

    The trial court harmlessly erred in giving an erroneous charge regarding the defendant's silence using the language of O.C.G.A. § 24-3-36, since the charge as a whole was clear enough not to mislead

  • Alvista Healthcare Ctr. Inc. v. Miller

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Glenn P. Hendrix, Jason E. Bring, Robert T. Strang III, William J. Rissler Arnall, Golden & Gregory LLP and Charles L. Gregory, Atlanta, for appellant.
    for defendant: . Lance D. Lourie and Stephen Chance Watkins, Lourie, Roll & Chance LLP, Atlanta, for appellee.
    Case Number: S09G1005

    "OCGA § 31-33-2 a 2 B authorizes a surviving spouse to act on behalf of the decedent or his estate in obtaining medical records" and the subsection "necessarily implies that, when there is no execut

  • Fortner v. Grange Mut. Ins. Co.

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert B. Turner, Kathryn H. Pinckney Savage, Turner, Pinson & Karsman, Savannah, Jason L. Crawford Daughtery, Crawford, Fuller & Brown LLP, Columbus, and Darren W. Penn Harris, Penn & Lowry LLP, Atlanta, for appellant.
    for defendant: Robert R. Gunn II, Thomas P. Allen III Martin Snow LLP, Macon, and I. Gregory Hodges Oliver Maner, Savannah, for appellee.
    Case Number: S09G0492

    The trial court's jury charge was not consistent with the safe harbor provision recognized in Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683

  • Goddard v. City of Albany

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Maurice L. King Jr., Albany, for appellant.
    for defendant: Donald A. Sweat and Kimberly A. Reid Gardner, Willis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: S09A1102

    The appellant had no right to notice and a hearing prior to her termin

  • State Farm Mut. Auto. Ins. Co. v. Staton

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Cubbedge Snow III, Thomas P. Allen III Martin Snow LLP, Macon, for appellant.
    for defendant: John A. Owens, J. Clinton Sumner Jr. Magruder & Sumner and David F. Guldenschuh, Rome, for appellee. Amicus Appellants: J. Marcus E. Howard Pope & Howard PC, Clyde E. Rickard III Chambers, Aholt & Rickard LLP, Atlanta, and Jarome E. Gautreaux O'Neal, Brown & Sizemore, Macon.
    Case Number: S09G0348

    The plaintiff was not a named insured and was not entitled to stack the UM coverage in his employer's insurance policies covering two vehicles that were not involved in the underlying car acc