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  • Walker v. Williams

    Publication Date: 2007-10-05
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Assistant Attorney General, and Chad E. Jacobs Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Lucy J. Bell, Thomson, for appellee.
    Case Number: S07A0880

    The trial court's jury charge violated Edge v. State, 261 Ga. 865 1992-disapproving of sequential charges, which instruct the jury to consider voluntary manslaughter only if they have considered an

  • Jones v. State

    Publication Date: 2007-07-27
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary N. Kimmey, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A1091

    Any error in the charge on eyewitness level of certainty was harmless, since the eyewitnesses knew the defendant before the m

  • Dalton v. State

    Publication Date: 2007-07-27
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Teresa L. Smith, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0955

    The evidence supported the jury's finding that the murder was outrageously or wantonly vile, horrible or inhuman, since the victim begged the defendant not to shoot her in front of her son and the v

  • Johnson v. State

    Publication Date: 2007-06-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Leonora Grant, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0724

    Trial counsel was not deficient for not calling a witness whom he feared might have informed the jury that the defendant suspected his wife of adultery prior to learning about it just before her

  • King v. Brock

    Publication Date: 2007-06-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John G. Parker, William K. Whitner, Nathan L. Coppernoll Paul, Hastings, Janofsky & Walker LLP, Atlanta, and Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: . Taylor W. Jones, Jenny E. Jensen, Richard E. Harris Jones, Jensen & Harris, John K. Larkins Jr. and David M. Stewart Chilivis, Cochran, Larkins & Bever LLP, Atlanta, for appellee.
    Case Number: S06G1657

    An award of nominal damages in a contract action is sufficient to confer prevailing party status under a contractual fee-shifting prov

  • Walker v. Johnson

    Publication Date: 2007-05-25
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Chad E. Jacobs and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: George T. Jackson Jackson & Schiavone, Savannah, for appellee.
    Case Number: S07A0261

    The defendant's convictions for armed robbery, kidnapping with bodily injury, aggravated assault, burglary and a firearms offense vacated, since the state failed to produce to the defense audiotapes

  • Guyton v. State

    Publication Date: 2007-03-09
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Newell McAfee Hamilton Jr. and Anthony L. Harrison, Brunswick, for Guyton. Ronald E. Harrison II, Brunswick, for Cooper. Grayson P. Lane, Brunswick, for Jones. Alan D. Tucker, Brunswick, for King. Kevin R. Gough, Brunswick, for Preston. Stephen D. Kelley, District Attorney, Charles K. Higgins, Leslie K. Devooght, Assistant District Attorneys, Brunswick, Thurbert E. Baker, Attorney General, Laura D. Dyes and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S06A1532; S06A1533; S06A1534; S06A1535; S06A1537

    Although the state's felony murder and burglary case against the five defendants depended on accomplice testimony, the state presented additional corroborating testimony from the victim's girlfriend

  • Rackoff v. State

    Publication Date: 2006-12-08
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor General, Gary S. Vey, Assistant District Attorney, Jeffrey K. Kwiatkowski, Robert A. King, Rosanna M. Szabo and Lisa M. Moultrie, Assistant Solicitors General, Lawrenceville, for appellee.
    Case Number: S06G0357

    The DUI defendant was not entitled to consult with an attorney before deciding whether to submit to a breath

  • Lee v. State

    Publication Date: 2006-06-02
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: William F. Rucker, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0538

    Defense counsel was not deficient for failing to make a meritless objection to the admission of the defendant's statement to a witness just before he shot the victim, since the statement was admiss

  • Dukes v. Board of Trustees for the Police Officers Pension Fund

    Publication Date: 2006-05-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: T. Joshua Archer, Michael J. Bowers and David G. Michell Balch & Bingham LLP, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Pamela F. Everett, Debra G. Alford and Robert N. Godfrey City of Atlanta Law Dep't, Atlanta, for appellees.
    Case Number: S06A0155

    Because the pension fund board did not have the legal authority to disburse retirement benefits based on prior service, the plaintiff cannot avail himself of the doctrine of estoppel in seeking to c