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  • Atlanta Oculoplastic Surgery PC v. Nestlehutt

    Publication Date: 2010-04-02
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan C. Peters, Melissa B. Johnson Peters & Monyak LLP, Thomas S. Carlock and Eric J. Frisch Carlock Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Michael B. Terry, Sarah M. Shalf Bondurant, Mixson & Elmore LLP, James D. Summerville The Bird Law Group PC, Frank A. Ilardi Houck, Ilardi & Regas LLC and Rosser A. Malone, Atlanta, for appellees.
    Case Number: S09A1432

    The damage cap in O.C.G.A. § 51-13-1 unconstitutionally infringed upon the right to a jury trial, because it undermined the jury's basic function as factfinder by nullifying any portion of a jury's

  • Sharp v. State

    Publication Date: 2010-04-02
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl P. Greenberg Georgia Capital Defender, Buddy M. Mears, Atlanta, and Therese M. Day, Phoenix, Ariz., for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Anna G. Cross, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A2025

    Photographs of the victim's body tied to a cemetery tree were admissible to demonstrate her inj

  • Roberts v. Cooper

    Publication Date: 2010-03-26
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Daniel M. King Jr., Dublin, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, Atlanta, for appellant.
    for defendant: Sarah L. Gerwig-Moore Mercer Law School and Stuart E. Walker Martin Snow LLP, Macon, for appellee.
    Case Number: S09A1512

    The mailbox rule, stated in Massaline v. Williams, 274 Ga. 552 2001, is to be applied only in the circumstances presented therein, i.e., the attempted appeal of a pro se habeas petitioner operating

  • Brown v. Baskin

    Publication Date: 2010-03-26
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Attorney General, Atlanta, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Rodney S. Zell Zell & Zell PC, Atlanta, for appellee.
    Case Number: S09A1956

    Appellate counsel was deficient in not raising trial counsel's failure to present to the trial court authority for cross-examining the victim about the pending criminal charges against him, or other

  • State v. Dixon

    Publication Date: 2010-03-26
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Daniel J. Quinn, Assistant District Attorney, and Gwendolyn K. Fleming, District Attorney, Decatur, for appellant.
    for defendant: Robert H. Citronberg and Joseph S. Habachy, Atlanta, for appellee.
    Case Number: S09G1130

    The state was not required to stipulate to venue, such that the defendant would then be entitled to a jury instruction on a lesser included offense of theft by taking in Dekalb county, when the alle

  • Manley v. State

    Publication Date: 2010-03-12
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, appellants. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0136, S10A0137

    In some cases, defendants may present an objective and significant disparity in parol eligibility on cross-examination of a state's wi

  • Burke v. State

    Publication Date: 2010-03-12
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, John A. Fitzner III, Assistant District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A10A0319

    The trial court did not err in denying defendant's motion to suppress a gun and clothing recovered from a warrantless search of his home, because defendant's wife consented to the search and several

  • Reid v. State

    Publication Date: 2010-02-19
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1684

    The trial court did not reversibly err in giving a jury charge on witnesses, which stated that witnesses are presumed to speak the truth, because such a charge does not constitute reversible error

  • In re London

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. Lea L. London, Alto. Jeffrey S. Ward, Chairperson Review Panel, Brunswick, and Albert O. English English, Tunkle & Smith LLP, Clayton.
    for defendant:
    Case Number: S10Y0528

    Bar Rule 106 f includes only first level criminal appeals and does not apply to habeas or similar collateral proce

  • Shivers v. State

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1713

    The defendant killed the victim with a single gunshot to the chest, after returning to the victim's home following an arg