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  • Namik v. Wachovia Banks of Ga.

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert J. Kaufman, Stephen R. Klorfein, Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLP, and Charlotte K. Perrell Perrell & Wright LLC, Atlanta, for appellant.
    for defendant: . William J. Linkous Jr., David G. Ross and Nicole J. Wade Powell Goldstein LLP, Atlanta, for appellees.
    Case Number: S04G0857

    Some evidence supported the trial court's finding that a bank breached its fiduciary duty as trustee of a revocable living trust when it failed to invest the decedent's funds in accordance with his

  • Namik v. Wachovia Banks of Ga.

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert J. Kaufman, Stephen R. Klorfein, Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLP, and Charlotte K. Perrell Perrell & Wright LLC, Atlanta, for appellant.
    for defendant: . William J. Linkous Jr., David G. Ross and Nicole J. Wade Powell Goldstein LLP, Atlanta, for appellees.
    Case Number: S04G0857

    Some evidence supported the trial court's finding that a bank breached its fiduciary duty as trustee of a revocable living trust when it failed to invest the decedent's funds in accordance with his

  • Wimberly v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Randall M. Clark and Bart G. Altman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins, Leslie K. DeVooght, Assistant District Attorneys, Brunswick, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S04A1870

    Defendant failed to show how the 38-month delay between his indictment on capital murder charges and his trial was presumptively prejud

  • Stinson v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Crowe Lane & Crowe PC, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, John B. Johnson III, Ann S. Williams and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A03A2554

    The Court of Appeals adopted the Supreme Court's judgment that the defendant did not retain an unqualified right to withdraw his guilty plea after he signed a Drug Court Contract and utilized the b

  • Botts v. State

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: L. David Wolfe and Mark A. Yurachek, Atlanta, for Botts. Brandon Lewis, Norcross, for Pisciotta. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Holly B. Hughes, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A0798; S04A0799

    Georgia's hate crime statute, O.C.G.A. § 17-10-17, is unconstitutionally vague since it enhances a criminal sentence where the factfinder determines that the defendant intentionally selected a victi

  • State v. Stinson

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Stephen D. Kelly, District Attorney, Leslie K. DeVooght and Jacqueline L. Johnson, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Robert L. Crowe, Brunswick, for appellee.
    Case Number: S04G0742

    O.C.G.A. § 16-13-2 a authorizes an alternative treatment similar to the provisions of the First Offender Act-it allows a defendant, who fulfills the terms and conditions of his probation, to be dis

  • In re Armwood

    Publication Date: 2004-07-23
    Practice Area:
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and K. Gene Chapman State Bar of Ga., Atlanta. Rita T. Williams Tucker & Assocs., Decatur. James B. Ellington, Chairperson Review Panel, Augusta. Kim E. Anderson, Atlanta.
    for defendant:
    Case Number: S04Y1097

    An attorney who accepted $1,500 to represent a client on misdemeanor charges, but failed to file an appearance and did not respond to the client's repeated requests for information was suspended for

  • Daniel v. State

    Publication Date: 2004-06-04
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S03G1172

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Munroe v. Universal Health Servs. Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Yelton Sammons Nall & Miller, Christine M. Stadler, Atlanta, and Omar R. Mark Zamora Pennebaker & Zamora, Dallas, for appellee.
    Case Number: S04A0470

    A defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable f

  • Hancock v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Joseph A. Homans Fox, Chandler, Homans, Hicks & McKinnon, Dawsonville, and Lucy K. Henry Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Jason Deal, District Attorney, Lee Darragh, Assistant District Attorney, Gainesville, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0392

    Pretrial convers between the state's expert and a defense expert witness did not violate the rule of sequestr