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November 1, 2010 |

Risk Identification

Identifies common allegations contained in actions against company directors and officers and explains the duties that directors and officers owe to their organizations. Outlines various federal and state laws that impact these individuals.

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Flint v. State

Publication Date: 2010-10-29
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Lorenzo E. Flint Jr., Miami, Fla., for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee. Amicus Appellant: Sarah L. Gerwig-Moore Mercer Law School, Macon, and Leigh S. Schrope, Atlanta.
Case Number: S10A1093

The state proved that it was prejudiced in its ability to respond to the defendant's petition for writ of habeas corpus due to his near 20-year delay in filing it, after his guilty plea to two count

Holsey v. State

Publication Date: 2010-10-01
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Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor General, Fayetteville, for appellee.
Case Number: A10A1978

Officer's search of defendant's vehicle was not a proper search incident to an arrest, since defendant was not within reaching distance of the passenger compartment and there was no reasonable beli

Jackson v. State

Publication Date: 2010-09-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
Case Number: A10A1735

When the state begins a trial without sufficient evidence go convict and a mistrial is granted over the defendant's objection, a defendant's plea of double jeopardy should be sustained, even in the

Manley v. State

Publication Date: 2010-08-27
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
Case Number: S10A0136, S10A0137

The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

Bailey v. Stonecrest Condominium Ass'n Inc.

Publication Date: 2010-07-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Jeffrey R. Nickerson, Atlanta, and Patrick N. Arndt, Decatur, for appellant.
for defendant: Peter R. York and Leslie K. Brock Hawkins & Parnell LLP, Atlanta, for appellees.
Case Number: A10A0579

The trial court erred in finding as a matter of law that the defendants' adoption of condo leasing restriction amendments did not constitute racially discriminatory housing practices in violation O

Robinson v. State

Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S10A0428; S10A0429

Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

Presley v. State

Publication Date: 2010-06-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Hines, P. Harris
Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn and Gerald Mason, Assistant District Attorneys, Decatur, for appellee.
Case Number: S08G1152

Trial courts are required to consider alternatives to courtroom closure, even if no alternatives are pres

Robinson v. State

Publication Date: 2010-05-14
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S10A0428; S10A0429

Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

Manley v. State

Publication Date: 2010-04-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
Case Number: S10A0136, S10A0137

The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi