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  • Forbes v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1893

    The defendant's repeated sexual molestation of his daughter almost every night from the time she was 13 until she was 16 supported the defendant's convictions for rape, incest, child molestation, ag

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

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    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

  • Height v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael C. Garrett Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Ralph M. Walke, District Attorney, Peter F. Larsen, Assistant District Attorney, Dublin, Thurbert E. Baker, Attorney General, and Laura D. Dyes, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A2107

    A witness's passing reference to a couple of potential cases against the defendant did not put his character in evi

  • 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:
    Industry:
    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

  • Barnes v. City of Atlanta

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    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

  • Walker v. State of Ga.

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright LLC, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A2044

    The trial court properly applied the preponderance of evidence standard of proof, since forfeiture cases are civil procee

  • Salmeron v. State

    Publication Date: 2006-07-28
    Practice Area:
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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

  • Rabun County v. Mountain Creeks Estates LLC

    Publication Date: 2006-07-21
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Donald A. Cronin Jr. O'Quinn & Cronin, McDonough, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, T. Michael Tennant, A. McCampbell Gibson and Christina H. Eikhoff Alston & Bird LLP, Atlanta, for appellees.
    Case Number: S06A0042; S06A0043

    The county was entitled to immunity with regard to a subdivision's claim for damages arising out of the county's refusal to accept ownership of the subdivision's roads, because the subdivision did n