• Brantley v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Maria Ashley and Kristin L. Wood, Assistant District Attorneys, Decatur, for appellee.

    Case Number: S00G0882

    Defendant was entitled to a judgment of acquittal on the firearms offense because the state failed to prove that he was in fact a convicted

  • Jones v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Timothy W. Hoffman, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Maria Ashley, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A1387

    Defendant's dilatory tactic in discharging his appointed co based on his unjustifiable dissatisfaction with her was the functional equivalent of a knowing and voluntary waiver of his right to co

  • Stowe v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jesse L. Vaughn Ledbetter, Little & Smith, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.

    Case Number: S00A1097

    Trial counsel had no grounds for renewing his motion for a directed verdict on the issue of defendant's competency, because the evidence on that issue was in con

  • Blackmon v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: L. Clark Landrum, Sylvester, for appellant.
    for defendant: C. Paul Bowden, District Attorney, Tifton, Thurbert E. Baker, Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A0877

    The trial court properly admitted the witness's prior consistent statement on redirect because the defendant implied on cross that the witness's direct testimony was inconsistent with his prior inte

  • Veasley v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sandra L. Michaels, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Robert M. Coker, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A1349

    Defendant filed his notice of appeal from his convictions for murder, aggravated assault and cocaine possession more than 10 months after the court denied his motion for a new

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  • Heidler v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael C. Garrett Garrett & Gilliard PC, Augusta, Kathy S. Palmer, Swainsboro, Michael Mears, MultiCounty Public Defender, and Alice C. Stewart, Atlanta, for appellant.
    for defendant: Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Alison B. Vrolijk, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, and Thomas H. Dunn Georgia Resource Center, Atlanta.

    Case Number: S00P0808

    The defendant was not harmed by the trial court's erroneous charge that a defendant will not receive a death sentence if he is found guilty but mentally ret

  • King v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William D. Healan III, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus Appellants: Jack S. Schroder Jr., Angela T. Burnette, Donna P. Bergeson Alston & Bird, Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Michael B. Terry Bondurant, Mixon & Elmore LLP, Randall L. Hughes Powell, Goldstein, Frazer & Murphy, Richard L. Shackelford King & Spaulding, George E. Duncan Jr. Duncan & Mangiafico, James E. Singer Bovis, Kyle & Burch, Albert M. Pearson III Mills, Moraitakis, Kushel & Pearson, David A. Cook Medical Assoc. of Ga., Karen L. Duke Promina Health Systems Inc., Robert A. Schapiro, Associate Professor Emory Univ. School of Law, Atlanta, David N. Nelson Chambless, Higdon & Carson, Charles M. Cork III Reynolds and McArthur, Kenneth B. Banks Central Georgia Health Sys. Inc., Macon, Nina M. Svoren Healy & Svoren, Sean A. Black, Toccoa, Carol M. Todd West Georgia Health Sys. Inc., LaGrange, T. Mills, Fleming Hunter, McLean, Exley & Dunn, Savannah, Michael G. Gray Walker, Hulbert, Gray & Byrd, Perry, C. Wade Monk II Shaw, Maddox, Graham, Monk & Boling, Rome, Richard A. Malone, District Attorney, Swainsboro, Charles C. Olson, Staff Attorney, Alvin G. Hollingshed Prosecuting Atty's Council of Ga., Smyrna, Kermit N. McManus, District Attorney, Dalton, Leslie C. Abernathy, Solicitor General, Cumming, and Paul M. Kurtz, Professor & Associate Dean University of Georgia, Athens.

    Case Number: S99A1490

    The state's use of O.C.G.A. § 24-9-40 a to subpoena defendant's medical records was unconstitut

  • Kephart v. Kephart

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S00A0803

    The father failed to meet his burden of proving the existence of a constructive trust over property that he and his wife deeded to thei

  • Kelly v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael C. Garrett Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.

    Case Number: S00A0746

    The defendant who participated in three unsuccessful attempts to kill the victim did not abandon his active participation in the murder plot before the murder was comm

  • In re Stroh

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Galen A. Mirate, Valdosta, for appellant.
    for defendant: Roger J. Dodd Dodd & Dennis, Harold B. Baker McClure, Folsom, Mullis & Baker PC, George M. Saliba, Gregory A. Voyles, Valdosta, for appellee.

    Case Number: S00G0523

    Because the foster parents did not intervene in the foster child's custody case, they lacked standing to petition the Court for certiorari to review the final custody dec