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  • July 29, 2010 | New York Law Journal

    Condemnation, Canine Sniff Searches, Privity for Legal Malpractice

    On the heels of its decision in the Atlantic Yards takings case, the Court of Appeals upheld

    1 minute read

  • Adams v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    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

  • Sirdah v. North Springs Assocs. LLLP

    Publication Date: 2010-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Suessmith Jr. McCurdy & Candler, Decatur, Salmeh K. Fodor, Alicia C. King and Bijan Kasraie Marchman Kasraie LLC, Atlanta, for appellant.
    for defendant: J. Bertram Levy Fina & Block Attorneys, Atlanta, Isidor J. Kim Kim & Yang LLC, Duluth, for appellee.
    Case Number: A10A0329

    The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease cont

  • Jones v. State

    Publication Date: 2010-06-04
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    Case Number: A10A1298

    The state was not required to show that the defendant knew he was within 1,000 feet of public housing to support a conviction under OCGA § 16-13

  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a

  • March 31, 2010 | Alm

    Updated Special Report: Crisis on Wall Street

    As Wall Street's woes continue, Law.com presents ongoing coverage of the financial meltdown from across the globe, with updates on the firms handling the bankruptcies, the fate of in-house legal tea

    1 minute read

  • Humphreys v. State

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Mitchel D. Durham, Jimmy D. Berry, Marietta, Carl P. Greenberg Georgia Capital Defender, Thomas H. Dunn Georgia Resource Ctr., Atlanta, and Holly L. Geerdes Geerdes & Kim LLC, Duluth, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker, Attorney General, Teresa M. Schiefer, Assistant Attorney General, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta, for appellee.
    Case Number: S09P1428

    The statutory aggravating circumstance set forth under O.C.G.A. § 17-10-30 b 10 regarding murders committed for the purpose of avoiding, interfering with, or preventing lawful arrest, does not exten

  • Lewis v. Nicholas Fin. Inc.

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Andrew H. Agatston, Marietta, for appellant.
    for defendant: Scott R. King Slater & King, Atlanta, for appellees.
    Case Number: A09A2072

    Under O.C.G.A. § 11-9-609 b 2, a secured party may take possession of the secured collateral without judicial process, only if the repossession proceeds without a breach of the

  • Allen v. State

    Publication Date: 2009-11-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: S08G1733

    The defendant's August 2001 convictions could not be used as proof of a prior felony conviction under OCGA § 16-10-52, since neither those convictions, nor their pre-conviction charges, were the fel

  • Alvista Healthcare Ctr. Inc. v. Miller

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Glenn P. Hendrix, Jason E. Bring, Robert T. Strang III, William J. Rissler Arnall, Golden & Gregory LLP and Charles L. Gregory, Atlanta, for appellant.
    for defendant: . Lance D. Lourie and Stephen Chance Watkins, Lourie, Roll & Chance LLP, Atlanta, for appellee.
    Case Number: S09G1005

    "OCGA § 31-33-2 a 2 B authorizes a surviving spouse to act on behalf of the decedent or his estate in obtaining medical records" and the subsection "necessarily implies that, when there is no execut