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  • Heard v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0866

    Evidence showed that the 15-year-old defendant voluntarily and knowingly waived his Miranda rights, before giving his custodial stat

  • Adams v. State

    Publication Date: 2010-07-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: S09G1927

    The presumption of vindictiveness in North Carolina v. Pearce, 395 U. S. 711 1969, whenever more a severe sentence is imposed, after a new trial, is not triggered, unless the new aggregate sentence

  • Hall v. Lewis

    Publication Date: 2010-04-02
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellee. Paul E. Greenwalt, Heidi Oertle and Ann. H. MacDonald Schiff Hardin LLP, Chicago, Ill., for appellee.
    for defendant:
    Case Number: S09A1862

    Trial counsel's purported deficient performance in presenting an actual innocence theory, rather than voluntary manslaughter, did not prejudice the defe

  • Spurlock v. Department of Human Resources

    Publication Date: 2010-02-26
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Scott E. Spurlock, Macon, for appellant.
    for defendant: Martin L. Fierman, Eatonton, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, Atlanta, and John R. Sikes, Macon, for appellee.
    Case Number: S09A1475

    The trial court applied a high income deviation from the presumptive child support award without making all of the required findings under O.C.G.A. § 19-6-1

  • Alvista Healthcare Ctr. Inc. v. Miller

    Publication Date: 2009-11-13
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Glenn P. Hendrix, Jason E. Bring, Robert T. Strang III, William J. Rissler Arnall, Golden & Gregory LLP and Charles L. Gregory, Atlanta, for appellant.
    for defendant: . Lance D. Lourie and Stephen Chance Watkins, Lourie, Roll & Chance LLP, Atlanta, for appellee.
    Case Number: S09G1005

    "OCGA § 31-33-2 a 2 B authorizes a surviving spouse to act on behalf of the decedent or his estate in obtaining medical records" and the subsection "necessarily implies that, when there is no execut

  • Washington v. McKibbon Hotel Group Inc.

    Publication Date: 2008-07-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
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    Case Number: S08A0584

    The appellant's inchoate or defeasible title to property he acquired in a tax sale did not ripen by prescription into a fee simple title, despite his occasional cleanup and mowing of the propert

  • Melican v. Parker

    Publication Date: 2008-02-22
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
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    Case Number: S08A0006

    Genuine factual issues remained as to the testator's lack of testamentary capacity and the issue of undue influence when the testator executed codicils to his

  • Davenport v. State

    Publication Date: 2008-02-08
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
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    Case Number: S08A0175

    The trial court's slip-of-the-tongue during one pattern charge did not amount to reversible error, given the charge as a whole and the fact that the entire written charge went out with the

  • Chumley v. State

    Publication Date: 2008-01-25
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1280

    The trial court plainly erred in expressing its opinion about voluntariness of the defendant's admission that he killed his m

  • Tennyson v. State

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Randolph Frails, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0680

    The defendant ran over the unarmed victim three times with his vehicle, killin