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  • Henderson v. Gandy

    Publication Date: 2005-12-22
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Andrew R. Kirschner Kirschner & Venker PC, Atlanta, and Michael W. McElroy, Peachtree City, for appellant.
    for defendant: . Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial, Simuel F. Doster Jr., Paul E. Weathington, Robert T. Strang III, and Wayne D. Toth Allen &Weathington PC, Atlanta, for appellees.
    Case Number: S05G0674

    To maintain a legally sufficient claim under the Georgia Fair Business Practices Act against a health care provider, a plaintiff must allege that an entrepreneurial or business aspect of the provisi

  • Rayburn v. Allen

    Publication Date: 2005-12-09
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John W. Moulton Moulton & Tarrer LLC, Conyers, for appellant.
    for defendant: R. Phillip Shinall III Alexander, Royston, Hardman & Shinall, Covington, for appellee.
    Case Number: S05A2094

    The decedent's will clearly provided that his wife and son would share the expenses of maintaining the couple's home until it was sold, as long as both the wife and son resided there; however, the w

  • Brewer v. State

    Publication Date: 2005-12-09
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1368

    The defendant's malice murder conviction was supported by the evidence, including forensic evidence that either of the two gunshot wounds to the victim's head, by itself, would have instantly incapa

  • Belmar v. State

    Publication Date: 2005-11-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker and Sheila A. Connors, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1564

    The defendant admitted to his girlfriend that he shot and killed a man and left his body in a school parkin

  • Hampton v. State

    Publication Date: 2005-09-30
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Kevin T. Hampton, Helena, proceeded pro se. Peter J. Skandalakis, District Attorney, LaGrange, Jeffrey W. Hunt, Assistant District Attorney, Carrollton, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S05A1168

    The murder defendant's numerous claims of ineffective assistance of trial counsel were meri

  • Farrish v. Farrish

    Publication Date: 2005-07-15
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gus L. Wood III Wood, Odom & Edge PA, Newnan, for appellant.
    for defendant: Delia T. Crouch, Newnan, for appellee.
    Case Number: S05F1180

    The appellant appropriated marital assets after the parties separation, which he did not account for, and he accumulated substantial debt supporting his paramour and her family to the detriment of

  • Folsom v. City of Jasper

    Publication Date: 2005-05-13
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Steven K. Leibel and Guy H. Weiss Casey Gilson Leibel PC, Atlanta, for appellant.
    for defendant: . Will H. Pickett Jr. Pickett, Pickett & Pickett PC, Jasper, for appellees.
    Case Number: S05A0021

    The city of Jasper's Alcoholic Beverages Ordinance contains a blanket prohibition against truthful, non-misleading speech about a lawful product in violation of the First Amen

  • Nixon v. State

    Publication Date: 2005-04-08
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, John B. Johnson III, Chief Assistant District Attorney, Jesup, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0267

    The defendant shot the victim twice in response to a heated arg

  • Alexander v. Alexander

    Publication Date: 2005-03-17
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Frederick V. Massey Hicks, Massey & Gardner LLP, Winder, for appellant.
    for defendant: Thomas A. Camp, Athens, for appellee.
    Case Number: S04F1512

    A prenuptial agreement was unenforceable, since the husband did not disclose the existence of an investment account worth approximately $4

  • Wimberly v. State

    Publication Date: 2005-02-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Randall M. Clark and Bart G. Altman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins, Leslie K. DeVooght, Assistant District Attorneys, Brunswick, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S04A1870

    Defendant failed to show how the 38-month delay between his indictment on capital murder charges and his trial was presumptively prejud