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  • Jones v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Timothy W. Hoffman, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Maria Ashley, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1387

    Defendant's dilatory tactic in discharging his appointed co based on his unjustifiable dissatisfaction with her was the functional equivalent of a knowing and voluntary waiver of his right to co

  • Stowe v. State

    Publication Date: 2000-10-20
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jesse L. Vaughn Ledbetter, Little & Smith, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S00A1097

    Trial counsel had no grounds for renewing his motion for a directed verdict on the issue of defendant's competency, because the evidence on that issue was in con

  • Veasley v. State

    Publication Date: 2000-10-13
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sandra L. Michaels, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Robert M. Coker, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1349

    Defendant filed his notice of appeal from his convictions for murder, aggravated assault and cocaine possession more than 10 months after the court denied his motion for a new

  • King v. State

    Publication Date: 2000-10-13
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William D. Healan III, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus Appellants: Jack S. Schroder Jr., Angela T. Burnette, Donna P. Bergeson Alston & Bird, Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Michael B. Terry Bondurant, Mixon & Elmore LLP, Randall L. Hughes Powell, Goldstein, Frazer & Murphy, Richard L. Shackelford King & Spaulding, George E. Duncan Jr. Duncan & Mangiafico, James E. Singer Bovis, Kyle & Burch, Albert M. Pearson III Mills, Moraitakis, Kushel & Pearson, David A. Cook Medical Assoc. of Ga., Karen L. Duke Promina Health Systems Inc., Robert A. Schapiro, Associate Professor Emory Univ. School of Law, Atlanta, David N. Nelson Chambless, Higdon & Carson, Charles M. Cork III Reynolds and McArthur, Kenneth B. Banks Central Georgia Health Sys. Inc., Macon, Nina M. Svoren Healy & Svoren, Sean A. Black, Toccoa, Carol M. Todd West Georgia Health Sys. Inc., LaGrange, T. Mills, Fleming Hunter, McLean, Exley & Dunn, Savannah, Michael G. Gray Walker, Hulbert, Gray & Byrd, Perry, C. Wade Monk II Shaw, Maddox, Graham, Monk & Boling, Rome, Richard A. Malone, District Attorney, Swainsboro, Charles C. Olson, Staff Attorney, Alvin G. Hollingshed Prosecuting Atty's Council of Ga., Smyrna, Kermit N. McManus, District Attorney, Dalton, Leslie C. Abernathy, Solicitor General, Cumming, and Paul M. Kurtz, Professor & Associate Dean University of Georgia, Athens.
    Case Number: S99A1490

    The state's use of O.C.G.A. § 24-9-40 a to subpoena defendant's medical records was unconstitut

  • Kelly v. State

    Publication Date: 2000-10-06
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael C. Garrett Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S00A0746

    The defendant who participated in three unsuccessful attempts to kill the victim did not abandon his active participation in the murder plot before the murder was comm

  • Hyman v. State

    Publication Date: 2000-06-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: L. Clark Landrum, Sylvester, for appellant.
    for defendant: C. Paul Bowden District Attorney, Tifton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0844

    Defendant's lying to the officer about the murderer's presence in his house just before the murderer shot the officer did not support defendant's felony murder conviction, since there was no eviden

  • Woodruff v. Woodruff

    Publication Date: 2000-06-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Philip T. Raymond III and Susan D. Raymond Shaffer, Raymond & Dalton, Macon, for appellant.
    for defendant: Jerry W. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellee.
    Case Number: S00A0744

    Trial court abused its discretion in ruling that father could have no contact with his children based on inadmissible hearsay accusations in his divorce action that he molested

  • Hardeman v. State

    Publication Date: 2000-05-12
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Phyllis V. Harris, Acworth, for appellant.
    for defendant: James R. Osborne, District Attorney, Buchanan, Laura L.C. Herrin, Assistant District Attorney, Dallas, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0509

    Defendant who gambled on his acquittal under the aggravated sexual battery statute could challenge the constitutionality of that statute for the first time on a

  • McGee v. State

    Publication Date: 2000-05-12
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Jonesboro, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, Randall K. Coggin, Assistant District Attorney, Thomaston, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0524

    The investigator was not required to retain any rough notes that he made while investigating the murder of defendant's

  • Hightower v. State

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Wilbur T. Gamble III Colquitt & Gamble LLP, Dawson, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0087

    Defendant's statements during several interviews at the police station before he was given Miranda rights were admissible since he was not in custody at the time and his statements were not inculp