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  • Stewart v. Milliken

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Thomas M. West, Atlanta, for appellee.
    Case Number: S04A0083

    The state did not challenge the merits of defendant's ineffectiveness of appellate counsel claims after the habeas court resolved them in defendant's

  • In re Armwood

    Publication Date: 2004-02-27
    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 Williams & Assocs., Decatur. James B. Ellington, Chairman Review Panel, Augusta. Kim E. Anderson, Atlanta.
    for defendant:
    Case Number: S04Y0839

    An attorney was suspended for one year based on his admitted failure to take substantial action to further his client's interest after accepting a $750 ret

  • State of Ga. v. Heretic Inc.

    Publication Date: 2003-10-06
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, John B. Ballard Jr., Senior Assistant Attorney General, William W. Banks Jr., Assistant Attorney General, Atlanta, for the State of Georgia. Glenn Zell and Michael Clutter Zell & Zell, Atlanta, for Heretic Inc. Linda K. DiSantis, City Attorney, and Jeffrey B. Norman, Assistant City Attorney, Atlanta, for the city of Atlanta.
    for defendant:
    Case Number: S03A1050; S03A1051

    City and state statutory schemes allowing eating establishment exceptions to the general ban on Sunday alcohol sales by the drink are constitut

  • Woodward v. State

    Publication Date: 2003-09-26
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles M. Warnock Jr., Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, Terry F. Holland, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0767

    Defendant was not entitled to a mistrial based on a witness's nonresponsive answer which negatively impacted defendant's char

  • Perry v. State

    Publication Date: 2003-08-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lauren H. Williamson Hall & Williamson PC, Albany, for Nashon Perry. Edward R. Collier Collier & Gamble, Dawson, for James Perry. Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0053; S03A0055

    In light of the charges as a whole, the trial court's erroneous comment that there was "only one murder" did not mislead or confuse

  • Clyde v. State

    Publication Date: 2003-08-15
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0054

    The evidence was insufficient to show the defendant's guilt as either a party to the crimes or a conspi

  • Thompson v. State

    Publication Date: 2003-07-11
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin R. Gough, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins and Gregory C. Perry, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: S02G1882

    The trial court erred in considering defendant's prior guilty in fixing his sentence after the state conceded that the defendant was not represented by counsel when he entered the

  • Printis v. Bankers Life Ins. Co.

    Publication Date: 2003-07-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sidney L. Moore Jr., Atlanta, for appellant. Thomas M. Byrne and Thomas W. Curvin Sutherland, Asbill & Brennan, Atlanta, for appellee.
    for defendant:
    Case Number: S02G1697

    O.C.G.A. § 33-31-4 a authorizes the sale of "total of payments"-gross balance decreasing term coverage-credit life insurance in connection with installment

  • Parker v. State

    Publication Date: 2003-05-30
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Cynthia W. Harrison, Stone Mountain, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Maura F. Krause, Senior Assistant District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0163

    The trial court did not err in conditioning the admissibility of defendant's self-serving post-arrest statement on his election to testify on his own b

  • White v. State

    Publication Date: 2003-05-30
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer E. Hildebrand, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0062

    Defendant's wife's statement that the victim probably did not see who shot him was admissible under the necessity exception to the hearsay rule after she invoked the marital priv