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  • Ling v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee. Amicus Appellant: Chara F. Jackson, Azadeh N Shahshahani, ACLU of Georgia, Brian Steel The Steel Law Firm PC, Robert K. Woo Jr. and James A. Broussard King & Spalding LLP, Atlanta, David Wakukawa, Jennifer C. Newell ACLU and Araceli Martinez-Olguin Legal Aid Society Employment Law Center, San Francisco, Calif.
    Case Number: S10G0460

    When a defendant raises a question in a motion for a new trial as to whether the absence of a qualified interpreter violated the defendants due process rights, the trial court must make and explain

  • Barnes v. Morgantown Baptist Ass'n Inc.

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brad C. Kaplan and James I. Seifter, Marietta, for appellant.
    for defendant: . Joseph C. Parker Downey & Cleveland, Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, Barbara A. Marschalk Drew, Eckl & Farnham, William E. Gray II Gray, King, Chamberlin & Martineau LLC, Heather H. Miller Carlock, Copeland & Stair LLP, Assunta S. Fiorini Dennis, Corry, Porter & Smith LLP, David T. Markle Mabry & McClelland LLP, Brian C. McCarthy, Atlanta, Michael D. Birchmore, Blue Ridge, and Laura V. Benesh, Suwanee, for appellees. Other party representation: Sarah-Elizabeth Herrup Drew, Eckl & Farnham LLP, Sarah G. Adle Gray, King, Chamberlin & Martineau LLC, Atlanta, Mary E. Priest Downey & Cleveland LLP, Marietta, and William R. Youngblood, Suwanee.
    Case Number: A10A1092; A10A1093

    The retaining wall off of which the decedent and his bicycle fell was an open and obvious condition, which the decedent could have avoided by the exercise of ordinary

  • Pattman v. Mann

    Publication Date: 2010-12-03
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David E. Betts Betts and Assocs., Atlanta, for appellant. Anna B. Fretwell Huff, Powell & Bailey LLC, Atlanta, for appellees.
    for defendant:
    Case Number: A10A1385

    The trial court properly granted summary judgment to the defendants on the plaintiffs' arising from her husband's death in the hospital from gastrointestinal bleeding, because the plaintiff's

  • Walker v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0970

    The victim's daughter testified that she found her mother bleeding on the floor, after hearing a sound like a firecracker coming from her mother's room, where the defendant and her mother

  • Smith v. Lockridge

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Lori B. Duff Jones & Duff LLC, Don M. Jones, Loganville, Timothy K. King Hodges, McEachern & King, Jonesboro, for Smith. Todd A. Harding Maddox & Harding LLC, Zebulon, and Jeffrey L. Foster Foster & Hanks, Monroe, for Lockridge.
    for defendant:
    Case Number: S10A1007; S10X1009

    Execution of a deed without delivery is insufficient to pass

  • Smith v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sonya Smith. Samuel J. Harris, Cookeville, Tenn., for Joseph Smith. Patrick H. Head, District Attorney, John R. Edwards, Eleanor A. Dixon, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1281; S10A1282

    The evidence authorized the jury to conclude that the defendants committed non-felony acts of abuse that inadvertently led to their son's death as well as felony acts which could serve as the underl

  • Jennings v. State

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel F. Little Jr. Little & Crumply LLP, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1089

    The state is not required to specify in the indictment that it is charging the defendant as a party to the

  • Foster v. State

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Herbert Adams Jr. The Adams Law Group PC, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Erman J. Tanjuatco, Kathryn L. Powers, Assistant District Attorneys, Jonesboro, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1004

    Evidence supported defendant's burglary conviction because defendant's physical violence both inside and outside the home, his entering the home armed with the lug wrench, and his phone call to the

  • Daniels v. State

    Publication Date: 2010-11-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and Thomas S. Robinson III Robinson & Assocs., Snellville, for Daniels. Teresa L. Smith Public Defender's Office, Covington, for Beard. William K. Wynne Jr. and Layla H. Zon, District Attorneys, Covington, for appellee.
    for defendant:
    Case Number: A10A2042, A10A2043

    The trial court properly admitted testimony that a white Lexus was hijacked the day before the events in question as part of the res gestae of crime of theft by receiving stolen pro

  • Prado v. State

    Publication Date: 2010-10-15
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: K. Julie Hojnacki, Bruce S. Harvey, Atlanta, and Cathy M. Alterman, Marietta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Keith R. Miles and Rodney K. Miles, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A10A1335; A10A1368

    Officers had reasonable, articulable suspicion to search vehicles and a residence based on information from multiple sources that the residence was a marijuana grow