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  • Roper v. State

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Bernard Knight, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0322

    The defendant shot the victim three times, killing him, and the jury was entitled to disbelieve the defendant's account of the shooting, in which he claimed self-de

  • McArthur Elec. Inc. v. Cobb County Sch. Dist.

    Publication Date: 2007-04-06
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James B. Ritchie, Roswell, G. Phillip Beggs Moore, Ingram, Johnson & Steele LLP, Marietta, and Christopher J. McFadden, Decatur, for appellant.
    for defendant: John K. Wells and Clement C. Doyle Brock, Clay & Calhoun PC, Marietta, for appellee. Amicus appellee: John I. Spangler III, Jeffrey A. Belkin, J. Andrew Howard and John S. Ducat III Alston & Bird LLP, Atlanta.
    Case Number: S07A0309

    A subcontractor had an adequate remedy at law in the form of an action on the general contractor's payment

  • Benson v. Simon Property Group Inc.

    Publication Date: 2007-03-30
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John F. Salter Jr., Roy E. Barnes The Barnes Law Group LLC, Marietta, and Gary J. Toman Nations, Toman & McKnight LLP, Atlanta, for appellant.
    for defendant: . Rebecca M. Lamberth, John L. Coalson Jr., Colin K. Kelly, Jay D. Bennett, Ethan D. Miller Alston & Bird LLP, Atlanta, and Charles C. Clay Brock Clay, Marietta, for appellees.
    Case Number: S06G1286

    The Disposition of Unclaimed Property Act DUPA, OCGA § 44-12-190 et seq., did not apply to the plaintiffs' claims for damages resulting from dormancy fees and expiration dates associated with shoppi

  • Hicks v. State

    Publication Date: 2007-02-16
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jemarco Hicks, Oglethorpe, proceeded pro se. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: S07A0224

    The defendant could not show that his defense counsel was deficient for failing to file a meritless a

  • Greer v. Thompson

    Publication Date: 2006-12-08
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Assistant Attorney General, Atlanta, and Mark A. Gilbert, Valdosta, for appellant.
    for defendant: . James N. Finkelstein, Albany, for appellee.
    Case Number: S06A1431

    The trial court did not improperly express an opinion when it read two notes from the jury and stated that someone offered a bribe on the defendant's b

  • Rolland v. Martin

    Publication Date: 2006-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James Rolland, Rome, proceeded pro se. Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Amicus appellant: Sarah L. Gerwig-Moore, Director, and Laura W. Harper Mercer Criminal Appeals Clinic, Macon.
    Case Number: S06A1632

    The allegations in the defendant's verified habeas petition supported his claim of ineffective assistance of trial co

  • Smith v. State

    Publication Date: 2006-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith and Edwina M. Watkins, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S06A1451

    The defendant was not placed under arrest, until after he waived his Miranda warnings and confessed to m

  • Barnes v. City of Atlanta

    Publication Date: 2006-10-27
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Winburn, Lewis & Stolz LLP, Athens, and Robert D. Feagin Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: . Linda K. DiSantis, City Attorney, and Lemuel H. Ward, City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: S06G0162

    Taxpayers, who opt out of the class action to recover occupation taxes, would be unjustly enriched, if they are not required to pay clas sel's attorneys' fees through the common fund, since cla

  • State v. Cooper

    Publication Date: 2006-10-20
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Douglas L. Henry, Clarkesville, for appellee.
    Case Number: S06A1243

    The evidence demanded a finding that Cooper entered his 1992 guilty pleas freely and volunt

  • Carr v. State

    Publication Date: 2006-10-13
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney A. Williams and Curtis L. Hubbard Jr. Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1540

    Defense counsel was not entitled to file a sua sponte notice of an out-of-time a based on his subjective acknowledgement of his own ineffectiveness in failing to file a timely a