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  • State v. Varner

    Publication Date: 2003-12-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker and Bret E. Pinion, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: D. Todd Wooten, Atlanta, for appellee.
    Case Number: S03A0936

    The state meets its obligation under the speedy trial demand statute so long as it retries a case that ends in mistrial during the remainder of the term in which the mistrial occurred or, if there a

  • Ferguson v. State

    Publication Date: 2003-12-05
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Lynda S. Caldwell, LaGrange, for appellee.
    Case Number: S03A1527

    The trial court erred in denying the defendant's motion to suppress evidence obtained pursuant to the unconstitutional provision in O.C.G.A. § 40-5-55, which requires chemical testing, even in the

  • Bodne v. Bodne

    Publication Date: 2003-11-21
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James M. Allison Jr., Douglasville, for appellant.
    for defendant: Hope C. Allen and John C. Mayoue Warner, Mayoue, Bates, Nolen & Collar, Atlanta, for appellee.
    Case Number: S03G0275

    Ormandy v. Odum, 217 Ga. App. 780 1995, and other Georgia cases are overruled to the extent they presume that a custodial parent has a prima facie right to retain custody, unless the objecting paren

  • Martin v. State

    Publication Date: 2003-10-31
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Edwin L. Albright and William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Michele C. Ivey and Stacey S. Jackson, Assistant District Attorneys, Columbus, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0691

    The defendant returned to the scene of an earlier altercation with the victim, attacked him and killed him with a

  • Cooper v. State

    Publication Date: 2003-10-17
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William D. Healan III Healan Law Offices, Winder, and Sherry Boston The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Anthony B. Williams, Assistant District Attorney, Winder, Thurbert E. Baker Jr., Attorney General, and Christopher S. Brasher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1255

    O.C.G.A. § 40-5-55 a violates State and Federal Constitutional provisions against unreasonable searches and seizures to the extent it requires chemical testing of motor vehicle operators involved in

  • Allen v. State

    Publication Date: 2003-10-03
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jody E. Allen, Oglethorpe, proceeded pro se. Dennis C. Sanders, District Attorney, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A1256

    Defendant waived his right to appeal as part of his plea agre

  • Wilson v. State

    Publication Date: 2003-10-03
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex

  • Smith v. State

    Publication Date: 2003-09-26
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, and Bobby L. Cook Cook & Connelly, Summerville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Anne E. Green, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0968

    Defendant failed to show how he was harmed by the trial court's decision to dead docket two extra offenses, which the grand jury mistakenly included on the face of the indic

  • Blaylock v. Blaylock

    Publication Date: 2003-09-26
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John C. Mayoue, Paul J. Coburn and Hope C. Allen Warner, Mayoue, Bates, Nolen & Collar PC, Tl, for appellant.
    for defendant: Frank W. Virgin Slaughter & Virgin PC, Atlanta, for appellee.
    Case Number: S03A0824

    Under O.C.G.A. § 19-5-1, the wife had a substantive right to a jury trial, where the husband raised an issuable defense to her comp

  • Morrison v. State

    Publication Date: 2003-07-25
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Richard E. Allen, Augusta, and Gary A. Alexion Legal Aid Society, New York, N.Y., for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, Patricia B. A. Burton, and Mitchell P. Watkins, Assistant Attorneys General, Atlanta, for appellee. Amicus Appellant: Michael M. Mears, Holly L. Geerdes, Multi-County Public Defenders, and Therese M. Day Office of Multi-County Public Defender, Atlanta.
    Case Number: S03A0049

    Evidence of the death defendant's crimes was admissible and relevant to show his mental ability and adaptive skills at his mental retardation