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  • Curles v. State

    Publication Date: 2003-02-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: George P. Donaldson III and Misty D. Garrett Donaldson, Bell & Pickett PC, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, Albany, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1847

    The prosecutor did not violate O.C.G.A. § 17-8-76 during closing argument by improperly referring to the trial court's ability to mitigate the defendant's sentence since the prosecutor did not speci

  • Department of Human Resources v. Allison

    Publication Date: 2003-01-24
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Atlanta, Anita D. Trotter, Assistant District Attorney, Clarkesville, and Katherine S. Davis, Catonsville, Md., for appellant.
    for defendant: M. Steven Campbell and James N. Butterworth, Cornelia, for appellee.
    Case Number: S02A1446

    The Department of Human Resources had no authority to file an action for the downward modification of a parent's child support obligation absent a showing that the child was already subject to an en

  • State v. Johnson

    Publication Date: 2003-01-24
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, Thurbert E. Baker Jr., Attorney General, and Paige R. Whitaker, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Michael C. Garrett Garrett & Gilliard PC, Augusta, Michael M. White Office of the Public Defender, Elberton, Michael M. Mears and Holly L. Geerdes, Multi-County Public Defenders, Atlanta, for appellee.
    Case Number: S02A1330

    The trial court properly sealed the state's l health expert's examination of defendant until such time as he may waive his right against self-incrimination by announcing his intention to presen

  • Yancey v. State

    Publication Date: 2002-11-15
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • White v. State

    Publication Date: 2002-11-08
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold A. Sturdivant and Michele W. Ogletree Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: William T. McBroom, District Attorney, Robert H. English, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1555

    Defendant's videotaped statement was admissible since he signed a written waiver after the officers read him his rights, he was a high school graduate and the officers did not threaten him or offer

  • State v. Vogleson

    Publication Date: 2002-11-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Tom Morgan III, District Attorney, Jennifer M. Daniels, Senior Assistant District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellant.
    for defendant: Sara M. T. Yeager, Ruth L. Rocker and Demetria N. Williams DeKalb County Public Defender's Office, Decatur, for appellee. Amicus Appellee: Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta.
    Case Number: S01G1642

    The trial court violated the defendant's right of confrontation when it refused to allow defense counsel to question defendant's accomplice about the amount of prison time he thought he was avoiding

  • Byelick v. Michel Herbelin USA Inc.

    Publication Date: 2002-10-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael B. Butler, Atlanta, for appellant.
    for defendant: Christopher B. Lyman and Susan A. Cahoon Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S02A0761

    The trial court did not abuse its discretion in dissolving an ex parte temporary restraining order barring defendant from interfering in plaintiff's operation of defendant's watch making business wh

  • Yancey v. State

    Publication Date: 2002-09-27
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • King v. State

    Publication Date: 2002-09-27
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John P. Rutkowski, Alpharetta, 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 Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1038

    The defendant shot the mother of his three children after arguing over whether she could properly care for

  • Young v. Williams

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Chambless, Dawn G. Benson and Charles K. Wainright II Watson, Spence, Lowe & Chambless LLP, Albany, for appellant.
    for defendant: . Frank J. Klosik Jr. and Robert J. McCune Greer, Klosik & Daugherty, Atlanta, for appellee. Neutral Amicus Representation: Antoinette D. Johnson Smolar & Assocs., Atlanta. Amicus Appellant: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, David A. Cook, William T. Clark, Atlanta, Temple Sellers, Decatur, and Marilyn J. Allen, Marietta.
    Case Number: S01G0589

    The 2-year statute of limitation for medical malpractice claims does not provide for the commencement of the limitation period upon the termination of a health care provider's treatment of a p