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  • Stokes v. State

    Publication Date: 2007-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Kenneth W. Sheppard, Atlanta, for appellant.
    for defendant: John D. Durden Jr., District Attorney, Mark A. Hendrix, Melissa L. Poole, Assistant District Attorneys, Hinesville, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1975

    The defendant was one of three men, who lay in wait for the intended victim to make a night deposit from a dollar store, and, when the victim drove up in a truck, which resembled the intended victim

  • Blue Moon Cycle Inc. v. Jenkins

    Publication Date: 2007-03-09
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William R. Youngblood and Laura V. Benesh William R. Youngblood PC, Suwanee, for appellant.
    for defendant: . Duane A. Jenkins, Duluth, proceeded pro se.
    Case Number: S06G1136

    Immunity from civil liability pursuant to the deposit account fraud statute, O.C.G.A. § 16-9-20 is not limited to cases when the action is brought by the person, who signed the

  • Ewing v. City of Atlanta

    Publication Date: 2007-03-09
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: George O. Lawson Jr. Lawson & Thornton PC, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Amber A. Robinson and Cleora S. Anderson City of Atlanta Law Dept., Atlanta, for appellees.
    Case Number: S06A1988

    The trial court erred in construing the pleadings most favorably to the city and the city's chief of police in dismissing a police lieutenant's petition for a writ of mandamus, seeking to require th

  • In re Baska

    Publication Date: 2007-03-09
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Emilien O. Loiselle Jr., Dacula, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Rebecca S. Mick, Ann S. Brumbaugh, Assistant Attorneys General, and Sarah E. Lockwood Office of Bar Admissions, Atlanta, for appellee.
    Case Number: S07Z0422

    The record supported the decision of the Board to Determine Fitness for Bar Applications that the applicant lacked candor when he stated that he never tried to hide following the revocation of his

  • Mungin v. St. Lawrence

    Publication Date: 2007-03-09
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Charles Mungin, Savannah, proceeded pro se. R. Jonathan Hart and Emily E. Garrard, Savannah, for appellees.
    for defendant:
    Case Number: S07A0193

    The state's alleged failure to comply with the defendant's statutory speedy trial demand did not constitute an exception to the rule that a defendant cannot predicate pretrial habeas relied upon a c

  • Richards v. Richards

    Publication Date: 2006-12-08
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Joseph R. Manning, Robert C. Threlkeld and Leslie A. Allen Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: Floyd E. Propst III Caldwell & Watson LLP0, John C. Mayoue Warner, Mayoue, Bates & Nolen PC, L. Lamar Mixson, Lisa R. Strauss Bondurant, Mixson & Elmore LLP and Susan A. Chiapetta, Atlanta, for appellees.
    Case Number: S06A1269

    The plaintiff lacked standing to pursue an individual claim for removal of the trustee of the inter vivos trust, which her ex-husband established for their children's benefit, since the plaintiff wa

  • Allen v. Yost

    Publication Date: 2006-10-27
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Kim M. Minix Moore, Clarke, DuVall & Rodgers PC, Albany, for appellant.
    for defendant: Franklin T. Coleman III Hodges, Erwin, Hedrick & Coleman LLP, Maurice L. King Jr., Albany, and Edward R. Collier Collier & Gamble, Dawson, for appellees.
    Case Number: S06A1006

    The city council candidate timely filed her challenge under O.C.G.A. § 21-2-524 a to an election she lost by one vote, by filing it on the same day that the recount results were cert

  • Phillips v. Hanse

    Publication Date: 2006-10-27
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David A. Sleppy, Edward E. Strain III Cathey & Strain, Cornelia, and Matthew T. Allen, Santa Ynez, Calif., for appellant.
    for defendant: . Robert D. Ware, Rolesia B. Dancy and Overtis H. Brantley County Attorney's Office, Atlanta, for appellee.
    Case Number: S06G0632

    The defendant's decision to engage in a high-speed chase constituted a discretionary act, even though he allegedly violated several provisions in a county police m

  • Walker v. State

    Publication Date: 2006-10-13
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward W. Clary, St. Marys, and Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Leslie K. DeVooght, Assistant District Attorney, Brunswick, George C. Turner Jr., Assistant District Attorney, Woodbine, Thurbert E. Baker, Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee. Other party representation: Holly L. Geerdes, Georgia Capital Defender, Thomas H. Dunn Georgia Resource Ctr., and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S06P0992

    The state's failure to include the statutory aggravating circumstances in its notice of intent to seek the death penalty was harmless, since one of the statutory circumstances on which the state rel

  • Upchurch v. Smith

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Deanna H. Powell, Atlanta, for appellant.
    for defendant: Matthew D. Gansereit Allen, Kopet & Boyd PLLC, Atlanta, for appellee.
    Case Number: S06A1099

    Jurisdiction over the appellant's petition to modify child custody was in ounty, despite the mother's move to California with the children, since it was undisputed that the children resided in