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  • Mann v. Blalock

    Publication Date: 2010-02-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Douglas R. Ballard Jr. Fears, Lawrence & Turner PC, Jackson, for appellant.
    for defendant: Larry S. Mayfield Smith, Welch & Brittain LLP, Barnesville, for appellee.
    Case Number: S09A1804

    The trial court erred in finding the administrator's deed from appellant to decedent's nephew conveyed fee simple title, rendering null and void the restriction placed on the property in the deceden

  • Hatcher v. State

    Publication Date: 2010-02-19
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1856

    The defendant's inculpatory statements to arresting were admissible, because they were spontaneous and voluntary and not the product of police interrog

  • Shivers v. State

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1713

    The defendant killed the victim with a single gunshot to the chest, after returning to the victim's home following an arg

  • Allen v. State

    Publication Date: 2010-02-05
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    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
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    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
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    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
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    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
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    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
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    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
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    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