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  • Fulton County v. Action Outdoor Advertising JV

    Publication Date: 2011-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Marvin J. Harkins, Vincent D. Hyman and R. David Ware, County Attorneys, Atlanta, for Fulton County. Christopher D. Balch Balch Law Group PC, John V. Burch, Sam E. Thomas Bovis, Kyle & Burch LLC, G. Franklin Lemond Jr., Edward A. Webb Webb, Klase & Lemond LLC, David H. Flint, Mark W. Forsling, Scott W. Peters Schreeder, Wheeler & Flint LLP, Wendell K. Willard Willard & Sullivan, Atlanta, Andrew A. Lewis, Scott T. Hastey Riley, Lewis & McLendon LLC, Marietta, and Laurel E. Henderson Henderson & Hundley PC, Decatur, for Action Outdoor. William R. Bryant, C. Sam Thomas Bovis, Kyle & Burch LLC, Wendell K. Willard Willard & Sullivan, Atlanta, Scott T. Hastey, William F. Riley Jr. Riley, Lewis & McLendon LLC, Marietta, Paul B. Frickey, Kenneth E. Jarrard Jarrard & Davis LLP, Cumming, and Laurel E. Henderson Henderson & Hundley PC, Decatur, for city of Sandy Springs. Amicus Appellant for Sandy Springs: Ted C. Baggett and Susan J. Moore Ga. Mun. Ass'n, Atlanta.
    for defendant:
    Case Number: S11A0023; S11A0101

    When an applicant submits an application for a p in accordance with applicable ordinances, the applicant is entitled to issuance of the p

  • Roscoe v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0415

    Under the circumstances, a variance between the allegation in the defendant's indictment that he possessed a firearm after being convicted of theft by taking in 1997 and the evidence at trial that h

  • Johnson v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Kevin C. Armstrong and Leisa G. Terry, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Albany, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0257

    Evidence, which did not show that the defendant took the murder victim's debit card with force before or contemporaneous with the taking, could not support his armed robbery convi

  • Ward v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bruce S. Harvey, K. Julie Hojnacki and Jennifer S. Hanson, Atlanta, for Ward. Darice M. Good Good & Lee LLC, Atlanta, for Kilgore. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1841; S11A0033

    The court denied the defendants their constitutional right to be present at all critical proceedings when it dismissed a juror outside of their presence at

  • Higgenbottom v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: David J. Dunn Jr., LaFayette, and Steven A. Miller Public Defender's Office, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Alan C. Norton, Assistant District Attorney, Ringgold, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1571

    Trial court's 4-sentence order did not sufficiently provide for proper appellate r

  • Herrera v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Benjamin D. Goldberg The Bernstein Firm, Atlanta, and Michael R. McCarthy, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1030

    The trial court did not err in refusing to excuse a juror who stated that he was biased against defendant because he was Hispanic, but then affirmed that he could set aside his feelings and decide t

  • Garrett v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Thomas C. Earnest, District Attorney, Megan A. Lane, Assistant District Attorney, Cuthbert, 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 appellee.
    Case Number: S10A1552

    The defendant admitted to police that he shot the victim, and the victim died from a bullet fired from the defendant'

  • State v. Thompson

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, and Thurbert E. Baker, Attorney General, Atlanta, for the state. William J. Atkins Atkins & Woods LLC, Atlanta, and David B. Fife, Lawrenceville, for Thompson.
    for defendant:
    Case Number: S10A0737; S10X0738

    The police officer murder defendant subjectively believed that he would lose his job, if he did not cooperate with the investigators from the Major Felony Unit and Internal Af

  • Herrera v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Benjamin D. Goldberg The Bernstein Firm, Atlanta, and Michael R. McCarthy, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1030

    The trial court did not err in refusing to excuse a juror who stated that he was biased against defendant because he was Hispanic, but then affirmed that he could set aside his feelings and decide t

  • Samuels v. State

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sara E. Meyers, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Kevin R. Majeska, Assistant District Attorney, Thomson, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1710

    An officer's suggestion that he might, at some point, be willing to talk to the district attorney about the defendant's situation, did not constitute a reward of a lighter sentence and did not taint