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  • Inserection, A Fantasy Store v. City of Marietta

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Alan I. Begner, Eric L. Jenson, Katie K. Wood and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
    for defendant: . Douglas R. Haynie, Harbert S. Gregory Jr. and Melissa A. P. Haisten Haynie, Litchfield & Crane PC, Marietta, for appellee.
    Case Number: S04A0249

    An adult novelty store's appeal of the grant of a TRO against its continued operation based on its sale of allegedly obscene material was moot since the store's business license had ex

  • Daniel v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S03G1172

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp

  • Heyward v. Humphrey

    Publication Date: 2004-02-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Stanley L. Heyward, Pelham, proceeded pro se. Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Assistant Attorney General, Atlanta, and Mark A. Gilbert, Valdosta, for appellee. Amicus Appellant: James C. Bonner Jr. and Sarah L. Gerwig Georgia Indigent Defense Council, Atlanta.
    for defendant:
    Case Number: S04A0040

    There was a reasonable probability that the defendant would have insisted on going to trial if he had been advised of the serious problems with the state's case against him, including the existence

  • In re Viti

    Publication Date: 2004-01-30
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and K Gene Chapman State Bar of Georgia, Atlanta. Richard A. Viti, Woodstock. James B. Ellington, Chairperson Review Panel, Augusta. E. Victoria Sweeney, Lawrenceville.
    for defendant:
    Case Number: S04Y0296

    An attorney who was convicted of tax evasion voluntarily surrendered his law li

  • In re Kendall

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and K Gene Chapman State Bar of Georgia, Atlanta. Alvin L. Kendall, Atlanta. Sarah B. Akins, Chairperson Review Panel, Savannah. Charles T. Ballard, Fayetteville.
    for defendant:
    Case Number: S03Y1623

    An attorney who was convicted in federal court of conspiracy to give notice of impending search and seizure warrants and of conspiracy to distribute cocaine was disb

  • Mayfield v. State

    Publication Date: 2003-12-19
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Harvey S. Wasserman, Carnesville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Richard K. Bridgeman, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A03A1715

    The 5-year delay between defendant's arrest and did not violate his Sixth Amendment right to a speedy where defendant failed to appear at his noticed

  • State v. Marlowe

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Assistant District Attorney, Monroe, for the state. John T. Strauss, Monroe, for Marlowe and Pearson.
    for defendant:
    Case Number: S03G0351; S03G0564

    A defendant who commits multiple crimes during the course of a continuous crime spree may be convicted once for possession of a firearm during the commission of a crime as to every individual victim

  • Brownlow v. Shofield

    Publication Date: 2003-10-31
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hardy Gregory Jr. Gregory, Christy & Maniklal, Cordele, Bobby L. Cook Cook & Connelly, Summerville, and Thomas W. Tucker Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Assistant Attorney General, Atlanta, and Daniel W. Hamilton Plunkett, Shepard, Plunkett & Hamilton, Augusta, for appellee.
    Case Number: S03A1149

    The state violated Brady by withholding information that the victim shook his head in the negative when the prosecuting attorney asked him 10 days before trial whether the defendant committed a spec

  • State of Ga. v. Heretic Inc.

    Publication Date: 2003-10-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, John B. Ballard Jr., Senior Assistant Attorney General, William W. Banks Jr., Assistant Attorney General, Atlanta, for the State of Georgia. Glenn Zell and Michael Clutter Zell & Zell, Atlanta, for Heretic Inc. Linda K. DiSantis, City Attorney, and Jeffrey B. Norman, Assistant City Attorney, Atlanta, for the city of Atlanta.
    for defendant:
    Case Number: S03A1050; S03A1051

    City and state statutory schemes allowing eating establishment exceptions to the general ban on Sunday alcohol sales by the drink are constitut