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  • O'Heron v. Blaney

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Hunter S. Allen Jr. and Kara A. Hicks Allen & Weathington PC, Atlanta, for appellant.
    for defendant: . Albert M. Pearson III Moraitakis, Kushel & Pearson, Atlanta, for appellees. Amicus Appellant: Thomas S. Carlock, Daniel J. Huff, Eric J. Frisch Carlock, Copeland, Semler & Stair LLP, Robert B. Remar Rogers & Hardin, Donald F. Samuel Garland, Samuel & Loeb PC, Nicholas A. Lolito Georgia Assoc. of Criminal Defense, Atlanta, and George T. Jackson Jackson & Schiavone, Savannah.
    Case Number: S02G1784

    O.C.G.A. § 19-7-5 provides immunity to those who have reasonable cause to report suspected child abuse and for those who make such a report in good

  • Richardson v. State

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: S02G1698

    Application of Georgia's rape-shield statute to evidence about the victim's non-sexual relationship with her ex-boyfriend violated the defendant's confrontation

  • Rush v. State

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Xavier C. Dicks, Stone Mountain, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Rosemary Brewer, Thomas S. Clegg, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0554

    Defendant voluntarily and knowingly waived his right to appeal beyond a motion for new trial in exchange for the state's agreement not to seek the death pe

  • 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:
    Industry:
    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:
    Industry:
    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:
    Industry:
    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:
    Industry:
    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