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  • McIlwain v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert Greenwald, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Nigel R. Lush, Assistant District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S10A0068

    Any error in admitting hearsay testimony from the victim's fiancee was harmless, given the overwhelming evidence against defe

  • Madrigal v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0209

    The trial court did not err in failing to suppress statements, which the defendant made after a Canadian officer told him that withholding information would only make things worse, because the offic

  • Parris v. Douthit

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael J. Kramer, Marietta, for appellant.
    for defendant: Hylton B. Dupree Jr. Dupree & Kimbrough, Marietta, for appellee.
    Case Number: S10A0165

    The trial court erred in failing to dismiss the former husband's action for improper venue, because the proper venue in an alimony-modification action is the defendant's county of resi

  • Smith v. Salon Baptiste

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mark G. Trigg and Ryan C. Grelecki Greenberg Traurig LLP, CityplaceAtlantafor appellants. Regina S. Molden and Oni A. Holley Molden, Holley & Thompson LLC, CityplaceAtlantafor appellees.
    for defendant:
    Case Number: S09A1543

    O.C.G.A. § 9-11-68-providing, inter alia, that defendant shall be entitled to recover reasonable attorneys' fees and expenses of litigation from date of rejection of settlement offer through entry o

  • Michel v. Michel

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert R. Bentley and Jamie S. Wingler Bentley, Bentley & Bentley, Marietta, for appellant.
    for defendant: Roger M. Johnson and Jennifer S. Gill Bray & Johnson, Canton, for appellee.
    Case Number: S10F0372

    The 10-year requirement in the Uniformed Services Former Spouses' Protection Act, 10 USC § 1408 d 2, is simply a limitation on the Act's direct payment mechanism and has no bearing on a state court'

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  • Todd v. Todd

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James W. Watkins, McDonough, for appellant.
    for defendant: Michele W. Ogletree Sullivan & Ogletree PC, Griffin, for appellee.
    Case Number: S10A0471

    The mother could not directly appeal a custody award, which was part of the parties' final divorce d

  • Montgomery v. Barrow

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jeffrey B. Hanson, Blake E. Lisenby and David H. McCain Sell & Melton LLP, Macon, for appellant.
    for defendant: . Robert S. McPhail David & McPhail LLC, Butler, and Charles W. Byrd Walker, Hubert, Gray, Byrd & Christy, Perry, for appellees.
    Case Number: S09A1510

    Sufficient evidence existed to create a genuine issue of material fact as to whether a property company had sufficient notice of unrecorded deeds to overcome the presumption that it was a bona fide

  • Thompson v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0566

    During an arranged mari buy, the defendant shot and killed the seller and stole the mari

  • Davis v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sheueli C. Wang and James C. Bonner Jr. Georgia Public Defender Standards Council, 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, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0254

    The trial court did not err in charging the jury on justification, because the defendant specifically requested the pattern jury c

  • Hall v. Lewis

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellee. Paul E. Greenwalt, Heidi Oertle and Ann. H. MacDonald Schiff Hardin LLP, Chicago, Ill., for appellee.
    for defendant:
    Case Number: S09A1862

    Trial counsel's purported deficient performance in presenting an actual innocence theory, rather than voluntary manslaughter, did not prejudice the defe