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  • Fair v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa

  • Mills v. State

    Publication Date: 2010-10-15
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0844

    The trial court did not err in refusing to charge on the affirmative defense of accident, since the defendant's use of a firearm in this case constituted criminal negli

  • Newton's Crest Homeowners' Ass'n v. Camp

    Publication Date: 2010-10-08
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Russell B. Davis and Joshua S. Ruplin Downey & Cleveland LLP, Marietta, for Newton's Crest Homeowners' Association. Larry E. Stewart, Lawrenceville, Gregg P. Counts, Suwanee, David F. Root, Cheryl H. Shaw Carlock, Copeland Semler & Stair LLP, Katherine V. Hernacki and C. Scott Greene Bryan Cave Powell Goldstein, Atlanta, for Camp. Richard C. Foster and Lisa K. Whitfield Hicks Casey & Foster PC, Marietta, for Kennedy Development Co., Inc. for Camp. Other party representation: Dewayne Newton The Ticor Inc., Buford.
    for defendant:
    Case Number: A10A1573; A10A1867

    The indemnity provision of the agreement between a homeowners' association and a development company was void and unenforceable, since it excused the development company from liability for damages r

  • Newsome v. Johnson

    Publication Date: 2010-08-27
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tavis L. Knighten and Mary K. Durant, Atlanta, for appellant.
    for defendant: Ben B. Philips, Stephen J. Hodges and Brian M. Worstell Philips Branch, Columbus, for appellee.
    Case Number: A10A1017

    The trial erred in refusing to allow the defendant to make discovery on the issue of damages, since this issue remained pending for trial following entry of a default judgment on the issue of liab

  • Craig v. State

    Publication Date: 2010-08-13
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1448

    The defendant's co-conspirator took money from the immediate presence of the defendant's co-workers and the co-conspirator subjected the co-workers to the exercise of force with what appeared to be

  • Heard v. State

    Publication Date: 2010-07-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0866

    Evidence showed that the 15-year-old defendant voluntarily and knowingly waived his Miranda rights, before giving his custodial stat

  • Williams v. Moody

    Publication Date: 2010-07-16
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellant. J. Scott Key, McDonough, Sarah L. Gerwig-Moore and Dustin B. Weeks Mercer Law School, Macon, for appellee. Amicus appellant: Howard Z. Simms, District Attorney, Macon, and Gary D. Bergman Prosecuting Atty's Council of Ga., Atlanta.
    for defendant:
    Case Number: S10A0103

    The case was remanded for the habeas court to make an analysis as to whether appellate counsel's decision not to raise an ineffectiveness of counsel claim was an unreasonable one, which only an inco

  • Bailey v. Stonecrest Condominium Ass'n Inc.

    Publication Date: 2010-07-02
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey R. Nickerson, Atlanta, and Patrick N. Arndt, Decatur, for appellant.
    for defendant: Peter R. York and Leslie K. Brock Hawkins & Parnell LLP, Atlanta, for appellees.
    Case Number: A10A0579

    The trial court erred in finding as a matter of law that the defendants' adoption of condo leasing restriction amendments did not constitute racially discriminatory housing practices in violation O

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-06-11
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. McCall, Marietta, for appellant.
    for defendant: James T. Budd, David T. Markle and Brett A. Miller Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A10A0620

    The plaintiff did not show that she had a right to oral argument on her motion to reconsider and v

  • Dyer v. State

    Publication Date: 2010-05-14
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Stockbridge, for Dyer. J. Scott Key, McDonough, for Rozier. William K. Wynne Jr., District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0276; S10A0709

    The trial court's charge on simple assault, as a whole, correctly instructed the jurors as to that crime's proper defin