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  • Ling v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee. Amicus Appellant: Chara F. Jackson, Azadeh N Shahshahani, ACLU of Georgia, Brian Steel The Steel Law Firm PC, Robert K. Woo Jr. and James A. Broussard King & Spalding LLP, Atlanta, David Wakukawa, Jennifer C. Newell ACLU and Araceli Martinez-Olguin Legal Aid Society Employment Law Center, San Francisco, Calif.
    Case Number: S10G0460

    When a defendant raises a question in a motion for a new trial as to whether the absence of a qualified interpreter violated the defendants due process rights, the trial court must make and explain

  • O'Neal v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel F. Farnsworth W. Scott Smith PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: S10G0060

    Under O.C.G.A. § 17-8-75, the trial court has an independent duty to rebuke the prosecutor, give a curative instruction or grant a mistrial upon proper objection to the state's introduction of impro

  • Flint v. State

    Publication Date: 2010-10-29
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Lorenzo E. Flint Jr., Miami, Fla., for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee. Amicus Appellant: Sarah L. Gerwig-Moore Mercer Law School, Macon, and Leigh S. Schrope, Atlanta.
    Case Number: S10A1093

    The state proved that it was prejudiced in its ability to respond to the defendant's petition for writ of habeas corpus due to his near 20-year delay in filing it, after his guilty plea to two count

  • Hood v. Todd

    Publication Date: 2010-05-28
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Wade H. Watson III, Laura K. Bonander Caldwell & Watson LLP, Atlanta, Samuel L. Oliver and Thomas D. Calkins Hulsey Oliver & Mahar LLP, Gainesville, for appellant.
    for defendant: . J. Vincent Cook, Robert C. Irwin III and Jay W. Cook Cook, Noell, Tolley & Bates LLP, Athens, for appellee.
    Case Number: S10A0131

    The decedent's will clearly reflected his intent to exclude the appellee, since the appellee was not mentioned in the will and the term defining children was limited to lawful blood descen

  • Gliemmo v. Cousineau

    Publication Date: 2010-03-26
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Traci G. Courville, Samuel W. Oates Jr. Oates & Courville, Columbus, Michael B. Terry, Nicole G. Iannarone and Kamal Ghali Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: . Roger S. Sumrall Hall, Booth, Smith & Slover PC, Ashley E. Sexton and Wade K. Copeland Carlock, Copeland & Stair LLPAtlanta, for appellees.
    Case Number: S09A1807

    O.C.G.A. § 51-1-29.5 c, which limits the liability of physicians and health care providers for treatment immediately following evaluation or treatment of a patient in an emergency department, is a

  • In re Lewis IV

    Publication Date: 2007-10-19
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. John M. B. Lewis IV, Augusta. Gregory L. Fullerton, Chairperson Review Panel, Albany. Richard M. McNeely, Swainsboro.
    for defendant:
    Case Number: S07Y1662

    An attorney, who was already on suspension as a special condition of his first-offender guilty plea to cocaine possession, was suspended for a minimum additional 24 m

  • Preston v. State

    Publication Date: 2007-07-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0371

    The interrogating officer's discussion of death penalty and life without parole and the officer's statement that the district attorney based charges brought on a recommendation from police amounted

  • Duty Free Air and Ship Supply Co. v. City of Atlanta

    Publication Date: 2007-07-06
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP and Mary C. Cooney, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Robert B. Caput and Michael S. Fineman Hartsfield/Jackson Int'l Airport, Atlanta, for appellees.
    Case Number: S07A0265

    The appellant was not entitled to a writ requiring the city to execute a contract for construction and operation of duty free shops at the city's international ai

  • State v. Hunter

    Publication Date: 2007-05-25
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Ayana C. Curry, Assistant District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellant.
    for defendant: L. David Wolfe and Michael J. Antoniolli L. David Wolfe PC, Atlanta, for appellee.
    Case Number: S07A0139

    Officer's affidavit provided a substantial basis for the magistrate to determine that probable cause existed to justify issuing a warrant to search the defendant's suspected home for evidence relat

  • Duty Free Air and Ship Supply Co. v. City of Atlanta

    Publication Date: 2007-05-25
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP and Mary C. Cooney, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Robert B. Caput and Michael S. Fineman Hartsfield/Jackson Int'l Airport, Atlanta, for appellees.
    Case Number: S07A0265

    The appellant was not entitled to a writ requiring the city to execute a contract for construction and operation of duty free shops at the city's international ai