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  • Golden Peanut Co. v. Bass

    Publication Date: 2002-05-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jay D. Bennett, Candace N. Smith, Paul J. Kaplan Alston & Bird, Emmet J. Bondurant, Michael B. Terry and Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Griffin B. Bell, Benjamin F. Easterlin IV, Michael C. Russ, John P. Brumbaugh King & Spalding, Atlanta, Whitney G. Saunders Saunders, Babineau & Brewbaker LLC, Suffolk, Va., and Wayne S. Weaver Southwestern Peanut Shellers Assoc., Stephenville, Texas, for appellees. Amicus appellant: Evans J. Plowden Jr., Dawn G. Benson, and Charles K. Wainwright II Watson, Spence, Lowe & Chambless LLP, Albany.
    Case Number: S01G1157

    Contract clause relating to the sale of additional peanuts at a higher than contracted price was not void for violation of federa

  • Canada v. State

    Publication Date: 2002-04-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney H. Bennett The Bennett Law Firm, Rossville, for appellant.
    for defendant: Robert E. Franklin Jr., District Attorney, Chris A. Arnt, Assistant District Attorney, LaFayette, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0446

    The trial court did not abuse its discretion in denying funds for expert testing of the steak knife used in a stabbing and a pocketknife belonging to the victim for traces of the defendant's blood s

  • Sloan v. Sarah Rhodes LLC

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: B. Samuel Engram Jr., Albany, for appellant.
    for defendant: . James H. Moore III and Edgar W. Duskin Jr. Moore, Clarke, Duvall & Rodgers PC, Albany, for appellees.
    Case Number: S01G1035

    The trial court erred in failing to address the threshold issue of whether a right-of-way over defendant's property had a width that was established by a proposed ro

  • Jervey v. City of Marietta

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John H. Moore and John K. Moore Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Douglas R. Haynie and H. Scott Gregory Jr. Haynie, Litchfield & Crane PC, Marietta, for appellees.
    Case Number: S02A0036

    The public's interest in protecting a surrounding residential neighborhood justified the current zoning classification of plaintiff's property as office and institut

  • Dolensek v. State

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1610

    The trial court properly excluded irrelevant evidence of prior threats made by the man whose actions allegedly started the fight which resulted in the victim's death, even though defendant relied on

  • Swindle v. State

    Publication Date: 2002-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1484

    Defendant could not show prejudice from defense counsel's mistake about the timing of the victim's murder which allegedly allowed the state to discover a witness who only partially rebutted defendan

  • Britt v. Smith

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Victor L. Britt, Waycross, proceeded pro se. Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0873

    The trial court's failure to inform defendant of his additional rights under Uniform Superior Court Rule 33.8 did not render his guilty plea constitutionally in

  • Hufstetler v. State

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: W. Donald Patten Jr., Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, McDonough, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1148

    The jury was entitled to reject defendant's battered spouse defense because the evidence showed that he had a history of assaulting his wife and that he shot her in a jealous rage two days before th

  • Almond v. State

    Publication Date: 2001-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Charles E. Day, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1185

    The trial court did not abuse its discretion in admitting digital photographs after the state authenticated them as fair and acc

  • Hughes v. Sikes

    Publication Date: 2001-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jeffery Hughes, Buford, proceeded pro se. Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0144

    The habeas court clerk usurped the Supreme Court's authority to determine its own jurisdiction over defendant's appeal by determining that his notice of appeal was untimely and refusing to fi