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  • Piedmont Hosp. Inc. v. Palladino

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Deborah S. Moses Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Barry L. Zimmerman, Keith F. Brandon Zimmerman & Assocs., Atlanta, and William C. Anderson Downey & Cleveland LLP, Marietta, for appellees.
    Case Number: S02G1036

    A hospital employee was not acting within the scope of his employment when he continued touching the plaintiff's groin area for his own gratification after he checked the plaintiff's surgical

  • McCutchen v. State

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Cathy M. Alterman Alterman & Assocs. PC, Atlanta, for appellee. Patrick H. Head, District Attorney, Timothy B. Lumpkin, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0272

    Defense counsel's decision not to consider the exculpatory testimony of a co-indictee with a prior murder conviction was strategic since the co-indictee had nothing to lose by trying to exculpate hi

  • Mayfield v. State

    Publication Date: 2003-04-04
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, Ruth M. Pawlak and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1678

    Defendant was not entitled to a mistrial after the trial court singled out a juror to determine whether it had legal cause to remov

  • Sallie v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Palmer C. Singleton III Southern Ctr. For Human Rights and Christopher M. Johnson, Atlanta, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, Thurbert E. Baker Jr., Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02P1702

    Under O.C.G.A. § 17-3-3, the state had the right to re-indict defendant within six months of nolle prossing his first indictment, without running afoul of statute of limita

  • Imerys Marble Co. v. J. M. Huber Corp.

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: H. Wayne Phears Phears & Moldovan, Norcross, and Phil M. Landrum Jr. Landrum & Landrum, Jasper, for appellant.
    for defendant: Allen W. Groves Seyfarth & Shaw, Thomas C. Harney Kilpatrick Stockton LLP, Atlanta, and David E. Ralston, Blue Ridge, for appellees.
    Case Number: S02A1401

    A testator could not impose a restriction on his children's ability to sell bequeathed mineral rights during their lifetime where the testator clearly intended to bequeath the mineral rights in fee s

  • Belsar v. State

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard O. Allen, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Patricia G. Hull, Amelia G. Pray, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1862

    Defendant and the other assailants returned to an apartment complex with the specific intent to ambush the victims and they bragged about shooting someone in the face after the c

  • Fincher v. State

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gary B. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1490

    Defendant's consent to search his home cured any defect in the officers' warrantless entry onto his pro

  • Ramirez v. State

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Cynthia A. Price, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1618

    The defendant was not entitled to new jury panel after two attorneys in a different case entered the courtroom during a recess shortly before final jury selection and discussed plea negotiations in

  • Unified Gov't of Athens-Clarke County v. Watson

    Publication Date: 2003-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks LLC, Atlanta, and William C. Berryman Jr. McLeod, Benton, Begnaud & Marshall LLC, Athens, for appellant.
    for defendant: J. Edward Allen and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee. Amicus Appellant: Anne W. Sapp Dwyer, White & Sapp, Atlanta.
    Case Number: S02G1269

    Evidence that the condemned property was previously zoned for multi-family use, in addition to expert evidence that the property would probably be rezoned for that use, satisfied the standard set f

  • State v. Lejeune

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, and Thurbert E. Baker Jr., Attorney General, Atlanta, for the state. Brian Steel The Steel Law Firm PC, and August F. Siemon III, Atlanta, for Lejeune.
    for defendant:
    Case Number: S02A1277; S02A1346; S02A1349

    Police lacked probable cause to search defendant's vehicle that was legally parked in defendant's residential parking space when defendant and his girlfriend were arrested for suspected m