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  • Upton v. Jones

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Julie A. Adams and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Bruce H. Morris Finestone & Morris, and Mark J. Kadish, Atlanta, for appellee.
    Case Number: S06A1179

    The habeas court applied the incorrect legal standard in finding the type of prejudice, which is necessary to excuse procedural default, regarding the defendant's claims of error, which were abandon

  • Salmeron v. State

    Publication Date: 2006-07-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ricky W. Morris Jr., McDonough, and J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: S05G1394

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing a cit

  • A A OK Ltd. v. City of Atlanta

    Publication Date: 2006-07-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Donald H. Stephens, Atlanta, for appellant.
    for defendant: Barry L. Zimmerman Zimmerman & Assocs., Linda K. DiSantis, City Attorney, Cleora S. Anderson and Dennis M. Young City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: S06A1129

    The trial court did not err in adopting the examiner's report that the city never abandoned the road without reviewing the transcript of the examiner's hearing, since O.C.G.A. § 44-2-103 b only requ

  • Hardeman v. State

    Publication Date: 2006-07-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, David K. Keeton, Matthew D. Crosby and Karen M. Harris, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S06G0019

    The defendant did not show prejudice from his counsel's failure to object when the trial court limited his closing arg to only one hour, even though he was entitled to a 2-hour closing arg

  • Moseley v. Sentence Review Panel

    Publication Date: 2006-07-07
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: J. Brown Moseley Hall, Booth, Smith & Slover, Albany, for appellant.
    for defendant: Bruce M. Edenfield, Susan L. Rutherford Gray, Hedrick & Edenfield LLP, Thurbert E. Baker, Attorney General, Christopher S. Brasher, Nicholas G. Dumich, Marla-Deen Brooks, Assistant Attorneys General, Atlanta, and Joseph K. Mulholland, District Attorney, Bainbridge, for appellee. Amicus appellant: Charles C. Olson Prosecuting Attorneys' Council of Ga., Atlanta.
    Case Number: S06A0035

    The former District Attorney for the Southern Georgia Judicial Circuit had standing in his former official capacity as state's counsel in all criminal matters pending in the circuit to challenge O.C

  • Palmer & Cay of Ga. Inc. v. Lockton Cos. Inc.

    Publication Date: 2006-05-19
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael B. Terry and Timothy S. Rigsbee Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: William K. Whitner Pal, Hastings, Janofsky & Walker LLP, Hunter R. Hughes III and Ashley R. Hurst Rogers & Hardin LLP, Atlanta, for appellee.
    Case Number: S05G1629

    The nonsolicitation of customers agreement in the former employees' contracts was not unenforceably overbroad, since it narrowly limited solicitation of the defendants' customers who plaintiffs serv

  • Chapman v. State

    Publication Date: 2006-05-12
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James D. Michael Blend & Michael LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0450

    The trial court's error in admitting the victim's hearsay statements to police officers about prior difficulties with the defendant was harmless in light of other admissible evi

  • Service Employees Int'l Union v. Perdue

    Publication Date: 2006-04-07
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael E. Kramer Kramer & Patel LLC, John R. Myer, Atlanta, and Carol R. Golubock, Washington DC, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Bryan K. Webb and Kathleen T. Gosden, Assistant Attorneys General, Atlanta, for appellees.
    Case Number: S05A1634

    The amendments to O.C.G.A. § 45-20-2 15-defining "unclassified service" as that term relates to the State Merit System-do not violate Art. IV, Sec. III, Par. I b of Ga. Const. of

  • Patel v. Patel

    Publication Date: 2006-03-10
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: David L. Turner and Dean R. Fuchs Schulten, Ward & Turner LLP, Atlanta, for appellant.
    for defendant: Jeffrey M. Fishman, Duluth, for appellees.
    Case Number: S06A0342

    The trial court did not abuse its discretion in refusing to appoint a receiver to manage the assets of a restaurant during pending litigation in the absence of evidence of insolvency, waste, misman

  • Jones v. State

    Publication Date: 2006-02-24
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon D. Smith-Knox, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0036

    The defendant chased down and fatally shot the victim over a $6 drug