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  • Fulton County v. City of Atlanta

    Publication Date: 2006-04-07
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Overtis H. Brantley, Willie J. Lovett Jr., Rory K. Starkey, Marina K. Duncan and Nicolle G. Holt, Fulton County Attorneys, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Marc Goncher, Assistant City Attorney, Lisa F. Harper, Otto F. Feil III, Chorey, Taylor & Feil PC, Douglas A. Henderson, Troutman Sanders LLP, Robert D. Mowrey, David M. Meezan Alston & Bird LLP, Atlanta, and Robert C. Norman Jr. Jones, Cork & Miller, Macon, for appellees. Amicus appellee: Carlton L. Kell Brock, Clay & Calhoun PC, Marietta, and David Biderman National Solid Wastes Management Assoc., Washington, D.C.
    Case Number: S06A0049

    O.C.G.A. § 36-2-26 a unconstitutionally impairs the free flow of interstate commerce by giving the county where a landfill sits the authority to veto the importation of solid

  • Shepherd v. State

    Publication Date: 2006-02-10
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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, James M. McDaniel, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Sabrina D. Rhinehart and James C. Bonner Jr. Georgia Pub. Defender Council, Atlanta.
    Case Number: S05A1561

    Verdicts finding the defendant not guilty by reason of insanity of the malice murder of his sister and guilty but mentally ill of the felony murder of the same victim were not mutually excl

  • Taetle v. Atlanta Indep. Sch. Sys.

    Publication Date: 2006-01-27
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Steven K. Leibel and Jonathan R. Granade Casey Gilson Leibel PC, Atlanta, for appellant.
    for defendant: Rodney G. Moore and Charles M. Smith Greenberg Traurig LLP, Atlanta, for appellees.
    Case Number: S05A1632

    An arms-length commercial agreement between a public school system and a church for classroom space to establish and run a public non-sectarian kindergarten does not violate Georgia's Establishment C

  • Marks v. State

    Publication Date: 2005-12-22
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Teddy R. Price, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: S05A1729

    The defendant had no First Amendment right to hold himself out as an attorney, when he was unqualified to practic

  • Smelser v. Smelser

    Publication Date: 2005-12-22
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amy K. Waggoner and Alyse Aussenberg Aussenberg Waggoner LLP, Alpharetta, for appellant.
    for defendant: William D. Healan Jr., Winder, for appellee.
    Case Number: S05F1490

    The trial court did not err in awarding the wife a 1/2-interest in the husband's non-marital property as alimony based on its determination that the wife had a diminished earning cap

  • Kappelmeier v. Winegarden

    Publication Date: 2005-11-04
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gottfried A. Kappelmeier, Norcross, proceeded pro se. Thurbert E. Baker, Attorney General, Rebecca S. Mick and Kristin L. Miller, Assistant Attorneys General, Atlanta, for appellee.
    for defendant:
    Case Number: S05A1292; S05A1293

    Mandamus is not an available r to seek review of a trial court's ruling, which is subject to appellate review, because the availability of judicial review is an adequate legal r

  • Patel v. State

    Publication Date: 2005-09-30
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Laurence H. Margolis, Margolis Law Firm, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0941

    The defendant was not entitled to a jury instruction on use of force in defense of habitation under O.C.G.A. § 16-3-23 1, since no evidence showed that the victim entered the defendant's inventory s

  • Ramirez v. State

    Publication Date: 2005-09-30
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: William G. Quinn III Willis & Quinn PC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker, James M. McDaniel, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0664

    A violation of the terms of the Vienna Convention does not require the exclusion of evi

  • Dorsey v. State

    Publication Date: 2005-07-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Assistant Attorney General, and John E. Floyd Bondurant, Mixson & Elmore LLP, Atlanta.
    Case Number: S05A0897

    The state was entitled to theorize to the jurors that former DeKalb County Sheriff Sidney Dorsey killed Sheriff-elect Derwin Brown in order to prevent Brown from investigating and uncovering evidenc

  • Adkins v. State

    Publication Date: 2005-06-24
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Steven L. Beauvais and Eric R. Gotwalt Zipperer, Lorderbaum & Beauvais, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Isabel M. Pauley, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0840

    The defendant admitted that he was one of three men who participated in a drive-by shooting in which the victim was k