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  • Melcher v. Melcher

    Publication Date: 2002-02-15
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Eric B. Ripper Dietrick, Evans, Scholz & Williams, Atlanta, and Beverly L. Cohen, Roswell, for appellant.
    for defendant: Thomas R. Campbell Jr., William A. Wall, Jeff C. Hamling and Patrick J. Gibbs, Roswell, for appellee.
    Case Number: S01A1325

    The husband reasonably believed that no final hearing on his divorce action was imminent where the parties had engaged in settlement negotiations for several months and the wife's attorney sent a le

  • Green v. State

    Publication Date: 2002-01-25
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1689

    The defendant beat two victims with a gun and other objects, then shot one of the victims, drove him to a nearby high school and shot the wounded man at least five more

  • Rich v. State

    Publication Date: 2002-01-25
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1807

    Defendant stabbed his wife in the back of her arm, cut her repeatedly with a kitchen knife and slashed her twin sister's t

  • Scott v. South Trust Asset Management Co.

    Publication Date: 2001-12-14
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Michael O. Crain Crain & Davis LLC, and Lee P. Morgan Morgan & Morgan, Athens, for appellant.
    for defendant: . James W. Hass Jr., Laurin M. McSwain Bloodsworth & McSwain, Alex W. Smith, Edward K. Smith Smith, Gambrel & Russell, Sister M. Florence Our Lady of Perpetual Help Home, Thurbert E. Baker Jr., Attorney General, Grace E. Lewis, Senior Assistant Attorney General, Atlanta, Abe Wilkerson Elks Aidmore Children's Center, Conyers, and Edward W. Gadrix Jr., Roswell.
    Case Number: S01A1373

    The probate court properly reformed as trust that violated the rule against perpetu

  • 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

  • Hulme v. State

    Publication Date: 2001-03-30
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas M. Strickland, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, 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: S00A2059

    Under the circumstances, defendant's distribution of a lethal dosage of methadone to the victim supported defendant's felony murder convi

  • Cook v. State

    Publication Date: 2001-03-16
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Abda L. Quillian Quillian, Loncon & Edwards LLP, Savannah, for appellant.
    for defendant: Rene J. Martin III, District Attorney, Tony A. May, Statesboro, 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: S00A1464

    Out-of-state witness's statements were admissible under the necessity exception to the hearsay rule because the state was unable to secure her presence at

  • Blake v. State

    Publication Date: 2001-03-02
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Melvin Abercrombie Abercrombie Law Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1857

    Evidence that defendant threatened to kill the mother of his child shortly before the victim's murder was admissible to rebut his insanity de

  • Malaguti v. State

    Publication Date: 2001-02-16
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: James B. McGinnis, Lawrenceville, Martin C. Jones and William M. McHugh Jr. Webb, Stuckey & Lindsey LLC, Peachtree City, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1623

    Trial court did not abuse its discretion in permitting the state's alibi rebuttal witness to testify, even though the state failed to comply with the notification requirements of O.C.G.A. § 17-16-5

  • Johnson v. Boyington

    Publication Date: 2001-02-02
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Aldean Boyington, Griffin, proceeded pro se.
    Case Number: S00A1493

    The orders revoking defendant's prob in four cases were sufficient for both the appellate courts and defendant to ascertain the trial court's basis for revoking his prob