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  • Nixon v. State

    Publication Date: 2005-04-08
    Practice Area:
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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

  • Jones v. State

    Publication Date: 2005-02-04
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Eugene Felton Jr., Assistant District Attorney, Macon, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A2098

    The defendant failed to show that his trial counsel was defi

  • Falkenberry v. Taylor

    Publication Date: 2005-01-21
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William E. Cetti, Cartersville, for appellant.
    for defendant: Steven M. Reilly, Byron M. G. Sanford, Lawrenceville, Charles G. Shrake, Roswell, Thurbert E. Baker, Attorney General, and Mark J. Cicero, Assistant Attorney General, Atlanta, for appellees.
    Case Number: S04A1988

    The Child Support Recovery Act, O.C.G.A. § 19-11-1 et seq., as amended in 2003, no longer distinguishes between the procedure available for children who receive public assistance and those who d

  • Cody v. State

    Publication Date: 2004-12-10
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Eldridge Suggs IV The Suggs Law Firm, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1334

    The trial court erred in granting the state's untimely motion to strike a witness's testimony after granting the defendant's motion for a new trial based on newly discovered evi

  • Maddox v. Maddox

    Publication Date: 2004-11-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellee.
    Case Number: S04F1380

    The evidence of record established the amount paid for three undeveloped lots, which the trial court equitably divided, the pertinent dates for the properties in question, the amount of each down p

  • Henry v. State

    Publication Date: 2004-11-05
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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: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1077

    The state proved venue in Fulton c through the officers' testimony that the victim was shot in an area located in that c

  • Brown v. State

    Publication Date: 2004-11-05
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Alvera A. Wheeler, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0971

    The trial court's error in charging the jury that it could infer an intent to kill from the use of a deadly weapon was harmless where the defendant was acquitted of malice m

  • State v. Benton

    Publication Date: 2004-10-29
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel M. Hirsh and Robert M. Coker, Assistant District Attorneys, Decatur, for appellant.
    for defendant: Jonathan R. Melnick, Atlanta, for appellee.
    Case Number: S04G0153

    Generally, a jury's recommendation of leniency is mere surplusage, which does not affect the validity of a ve