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  • Spurlock v. Department of Human Resources

    Publication Date: 2010-02-26
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Scott E. Spurlock, Macon, for appellant.
    for defendant: Martin L. Fierman, Eatonton, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, Atlanta, and John R. Sikes, Macon, for appellee.
    Case Number: S09A1475

    The trial court applied a high income deviation from the presumptive child support award without making all of the required findings under O.C.G.A. § 19-6-1

  • Adams v. State

    Publication Date: 2010-02-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David Walker, Swainsboro, for appellant.
    for defendant: William Askew, District Attorney, Samuel Altman District Attorney's Office, Swainsboro, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1998

    Absent a showing of prejudice, there is no reversible error, if the trial court gives the petit jury oath after the opening of evidence, but prior to the jury's delibera

  • 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