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  • Lucas v. Walker

    Publication Date: 2010-10-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, and J. Scott Key, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, for appellee.
    Case Number: S10A1099

    The habeas court could not have made a determination from the defendant's petition for a writ of habeas corpus on his malice murder conviction's face that it was without

  • Brown v. State

    Publication Date: 2010-10-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Larry D. Wolfe and Michael J. Antoniolli L. David Wolfe PC, Atlanta, for Brown. Anthony T. Pete The Pete Firm PC, Chamblee, for Waters. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, James G. Banks, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, for appellee.
    for defendant:
    Case Number: S10A1332, S10A1333

    The presumptively prejudicial delay in both cases did not cause either defendant prejudice, which significantly impaired his defense on murder and related ch

  • Johnson v. State

    Publication Date: 2010-10-01
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Christopher S. Warren Kenneth S. Nugent PC, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Albany, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0793

    An attorney's lack of experience alone does not constitute grounds for ineffective assistance, especially, where, as here, an experienced criminal attorney assists trial co

  • Barnes v. State

    Publication Date: 2010-07-09
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Anthony S. Carter, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, David E. Boyle, Assistant District Attorney, Monroe, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0323

    The defendant's statement to the interrogating officer that, ' "if you're not going to talk real talk, then we shouldn't talk," ' did not constitute an unequivocal and unambiguous invocation of his

  • Noble v. State

    Publication Date: 2010-05-28
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0705

    The defendant was arrested one week after the murder while driving the victim's vehicle and in possession of the victim's wallet, ID and credit

  • Thompson v. State

    Publication Date: 2010-04-09
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0607

    Any error in the 2-hour time allotted for closing ar was invited, since defense counsel stated that he would use the full time, said his ar would last one hour and finished his closing a

  • Flint v. State

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lorenzo E. Flint Jr., Coleman, proceeded pro se. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: S09H1936

    The Supreme Court granted a certificate of probable cause to appeal and remanded the case with direction that the habeas court hold a transcribed hearing, in accordance with O.C.G.A. § 9-

  • Shivers v. State

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1713

    The defendant killed the victim with a single gunshot to the chest, after returning to the victim's home following an arg

  • Hotels.com v. City of Columbus

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jerry A. Buchanan Buchanan & Land, Columbus, Edward K. Smith and Robin A. Schmahl Jones Day, Atlanta, for appellant.
    for defendant: William U. Norwood III, Michael L. McGlamry, Neal K. Pope, Pope, McGlamry, Kilpatrick & Morrison, Robert M. Travis, John R. Bielema Jr. Michael P. Carey Bryan, Cave, Powell & Goldstein, Atlanta, Charles N. Pope, Wade H. Tomlinson III and Paul Kilpatrick Jr. Pope, McGlamry, Kilpatrick & Morrison, Columbus, for appellee.
    Case Number: S09A0906

    The trial court did not err in basing hotel occupancy taxes, which an on-line travel company owes to the City of Columbus, on the hotel rate it charged to its customers, rather than the lower wholes

  • City of Sandy Springs v. Kaplan

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Andrew J. Whalen III, Leigh C. Hancher The Whalen Law Firm, LLP, Griffin, Wendell K. Willard Willard & Sullivan and Matthew C. Welch, Atlanta, for appellant.
    for defendant: Russell D. King King & Yalkin LLP, Marietta, for appellee. Amicus Appellant: William F. Riley Jr., Scott T. Hastey, Johns Creek, Cecil G. McLendon Jr. and Leonid M. Felgin, Marietta.
    Case Number: S09A1187

    The Court remanded the plaintiffs' nuisance and trespass case to the trial court for clarification of its order denying the city's motion for summary jud