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  • Bruce v. Smith

    Publication Date: 2001-10-19
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0623

    An issue of state procedural law which was decided in a subsequent case could not be the basis for a collateral attack, such as defendant's petition for habeas r

  • Dye v. Wallace

    Publication Date: 2001-10-12
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Danny L. Durham Durham Law Firm PC, Richard A. Ingram Fleming, Blanchard, Jackson, Ingram & Floyd PC, and Donald H. White Steinberg, Steinberg & White PC, Augusta, for appellant.
    for defendant: . James B. Ellington Hull, Towill, Norman, Barrett & Salley, Augusta, for appellees. Amicus appellee: Paula K. Smith, Senior Assistant Attorney General, Atlanta.
    Case Number: S01A0625

    The Supreme C truck down Georgia's Rape Confidentiality which is codified at O.C.G.A. § 16-6-23, because the statute was indistinguishable from a Florida statute that the United States Supreme

  • Tumlin v. State

    Publication Date: 2001-10-12
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, Gregory E. Radics, Assistant District Attorney, Gainesville, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1197

    Given the overwhelming evidence, it was highly unlikely that the state's citation to an appellate court opinion during closing argument contributed to the guilty ve

  • Glover v. State

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Thomas E. Stewart, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, James L. Wright III, Blair D. Mahaffey, Assistant District Attorneys, McDonough, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0987

    Defendant failed to show that the jury foreman lied about his prior law enforcement experience on voir

  • Georgia Ports Auth. v. Harris

    Publication Date: 2001-07-13
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Kathleen M. Pacious, Deputy Attorney General, George S. Zier, Assistant Attorney General, Atlanta, Thomas J. Mahoney Jr., Thomas J. Mahoney III, and Mary K. Moss Ranitz, Mahoney, Coolidge & Mahoney, Savannah, for appellant.
    for defendant: Thomas C. Bordeaux Jr. Bordeaux & Abbot, Shari S. Miltiades, Savannah, and Noble L. Boykin Jr. Jones, Boykin, Stacy & Assocs. PC, Jacksonville, Fla., for appellees.
    Case Number: S00G1368

    The 19-year-old blanket disqualification rule for lawyer-legislators who represent clients in civil actions against the state is overruled in favor of an ad hoc conflicts of interest sta

  • Cobb County v. Crusselle

    Publication Date: 2001-06-15
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Garvis L. Sams Jr. and Mitchell K. Greene Sams & Larkin LLP, Marietta, for Crusselle. John D. Thalhimer and T. Bart Gary Freeman, Mathis & Gray LLP, Atlanta, for Cobb County.
    for defendant:
    Case Number: S01A0474, S01A0476

    County's development standard requiring approval of sewer systems by registered civil engineers does not unconstitutionally conflict with the practice of land surveying as defined in O.C.G.A. § 43-1

  • In re Wood

    Publication Date: 2001-06-08
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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 Georgia, Atlanta. M. Kirby Wood, Cordele. Althea L. Buafo, Chairperson Review Panel, Macon.
    for defendant:
    Case Number: S01Y0713

    Attorney who blamed an associate after falsely representing that he had refiled a client's personal injury case was disb

  • Prater v. State

    Publication Date: 2001-04-27
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas W. Cauthorn III Cauthorn & Phillips, Marietta, for Prater. Marc D. Cella, Marietta, for Thomas. Alan J. Baverman, Atlanta, for Tomlinson. Patrick H. Head, District Attorney, Maria B. Golick, Eleanor A. Kornahrens, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S00A1684; S00A1685; S00A1686

    State's failure to seek convictions for felony murder based on the lesser included offense of attempted armed robbery in defendants' first trial barred any retrial for that

  • Pass v. State

    Publication Date: 2001-03-16
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Bobby L. Cook Cook & Connelly, Summerville, and Todd M. Johnson Johnson Law PC, Cohutta, for appellant.
    for defendant: David N. Vaughan Jr. Vaughan & Evans, Cartersville, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0256

    Defendant was not entitled to a new trial based on the fact that one juror saw a defense witness speaking to defendant's f

  • Sapp v. State

    Publication Date: 2001-03-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mario A. Pacella, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0396

    The jury was authorized to find that defendant shot the victim with malice based on his behavior before the shooting, his obscene comment about the victim and his actions after the m