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  • Ramirez v. State

    Publication Date: 2003-03-07
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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
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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
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    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

  • Curles v. State

    Publication Date: 2003-02-07
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    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