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  • State v. Springer

    Publication Date: 2015-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellant.
    for defendant: Margaret E. Flynt Georgia Public Defender Standards Council, Atlanta, and Maryellen Simmons Public Defender's Office, Carrollton, for appellee. Amicus Appellant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, and Gary D. Bergman Prosecuting Attorney's Council of Georgia, Morrow.
    Case Number: S14G1539

    The Court overruled Jackson v. State and its progeny in holding that the defendant's convictions for aggravated assault and involuntary manslaughter based on reckless conduct were not mutually excl

  • Woodard v. State

    Publication Date: 2015-04-03
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Long D. Vo, Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, and Christopher R. Geel, Mount Pleasant, S.C., for appellant.
    for defendant: Robert D. James Jr., District Attorney, Anna G. Cross, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1532

    The Supreme Court overruled Heard v. State, 261 Ga. 262 1991, which held that O.C.G.A. § 16-3-21 subsection b 2—stating that the use of force in defense of oneself or others is not justified if the

  • Frazier v. State

    Publication Date: 2010-08-06
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun M. Waters, Assistant District Attorney, Savannah, for appellee.
    Case Number: A10A0304

    In light of victim's testimony and totality of evidence, no substantial likelihood of misidentification existed, so the trial court did not err in denying the defendant's motion to suppress the show

  • State v. Jackson

    Publication Date: 2010-08-06
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman and Jesse D. Evans, Assistant District Attorneys, Marietta, for appellant.
    for defendant: Tony L. Axam Axamlaw and Calvin A. Edwards Jr., Atlanta, for appellee.
    Case Number: S10A0070

    State v. Crane, 247 Ga. 779 1981, overruled, as the felony murder statute requires only that the defendant's felonious conduct proximately cause the death of another p

  • Adams v. State

    Publication Date: 2010-07-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: S09G1927

    The presumption of vindictiveness in North Carolina v. Pearce, 395 U. S. 711 1969, whenever more a severe sentence is imposed, after a new trial, is not triggered, unless the new aggregate sentence

  • State v. Jackson

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman and Jesse D. Evans, Assistant District Attorneys, Marietta, for appellant.
    for defendant: Tony L. Axam Axamlaw and Calvin A. Edwards Jr., Atlanta, for appellee.
    Case Number: S10A0070

    State v. Crane, 247 Ga. 779 1981, overruled, as the felony murder statute requires only that the defendant's felonious conduct proximately cause the death of another p

  • Hicks v. Heard

    Publication Date: 2010-04-09
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Andersen Tate & Carr PC, Duluth, and Jeffrey P. Yashinsky Schur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: S09G1508

    In iff's vicarious liability action, the burden-shifting paradigm in Allen Kane's Major Dodge v. Barnes, 243 Ga. 776 1979, supported the grant of summary judgment to the defendant, because the

  • Lawrence v. Lawrence

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Martin L. Fierman, Eatonton, for appellant.
    for defendant: Kice H. Stone Stone & Driggers LLC, Macon, for appellee.
    Case Number: S09A1370

    The parties' antenuptial agreement was clearly a contract made in contemplation of divorce, not a contract made in contemplation of marriage, thus, the agreement was not subject to O.C.G.A. § 19-3-6

  • State Farm Mut. Auto. Ins. Co. v. Staton

    Publication Date: 2009-10-30
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Cubbedge Snow III, Thomas P. Allen III Martin Snow LLP, Macon, for appellant.
    for defendant: John A. Owens, J. Clinton Sumner Jr. Magruder & Sumner and David F. Guldenschuh, Rome, for appellee. Amicus Appellants: J. Marcus E. Howard Pope & Howard PC, Clyde E. Rickard III Chambers, Aholt & Rickard LLP, Atlanta, and Jarome E. Gautreaux O'Neal, Brown & Sizemore, Macon.
    Case Number: S09G0348

    The plaintiff was not a named insured and was not entitled to stack the UM coverage in his employer's insurance policies covering two vehicles that were not involved in the underlying car acc

  • Wimberly v. State

    Publication Date: 2005-02-18
    Practice Area:
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    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