• Oasis Goodtime Emporium I Inc. v. DeKalb County

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Alan I. Begner, Robert M. Adelson and Cory G. Begner Begner & Begner, Atlanta, for appellant.
    for defendant: . Jonathan A. Weintraub, City Attorney, Joan F. Roach, Chief Assistant County Attorney, Linda I. Dunlavy, Assistant County Attorney DeKalb County Law Dep't, Decatur, and Harvey S. Gray Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, for appellee.

    Case Number: S00A1476

    The plaintiff were not entitled to an interlocutory injunction pending resolution of their constitutional challenge to the 's nude dancing ordinance, because they could not establish that the

  • Ward v. Department of Human Resources

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jackson E. Cox II, Waynesboro, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Katherine S. Davis, Assistant Attorney General, Atlanta, and Charles Cash Jr., McDonough, for appellee.

    Case Number: S00G0604

    The Department of Human Resources has no authority to file a petition to establish a parent's child support obligation where that obligation has already been deter

  • Williams v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    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, Alvera A. Wheeler, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A1286

    Prior to submitting the case to the jury, the trial court properly removed a juror who said her religious beliefs prevented her from judging the defe

  • Phillips v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Natalee L. Staats, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.

    Case Number: S00A1460

    The defendant's acquittal on a charge of aggravated assault with intent to rob did not bar his retrial on felony murder based on aggravated assault with a deadly w

  • Kapur v. Roach

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Warren N. Coppedge Jr. and David L. McGuffey Coppedge, Leman & Ward PC, Dalton, for appellant.
    for defendant: Amy A. Petulla, Rossville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S00G0324

    The wife did not waive O.C.G.A. § 19-9-23 a and c's mandatory venue provisions when she consented to the transfer of her child custody petition to the county where her husband re

  • Robinson v. State

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tara L. Kneller, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Anna E. Green, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A1165

    The interrogating officer did not threaten the defendant with increased punishment by telling the defendant that he was hanging himself with

  • Zellmer v. State

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Marc D. Cella, Jimmy D. Berry, Mitchell D. Durham, Marietta, and John R. Greco, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Marietta, for appellee.

    Case Number: S00A0927, S00A0950

    Death penalty defendants are entitled to question prospective jurors to determine whether they are willing to consider a sentence of life without p

  • Fortson v. State

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S00A0196

    Defendant had a constit l right to appointed counsel at his hearing to withdraw his guilty plea because a plea withdrawal proceeding is a critical stage of a defendant's prosec

  • Clowers v. Sikes, Warden

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig L. Cascio, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jeanne K. Strickland and Wesley S. Wood, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S00A0234

    Defendant's pro se guilty plea to purse snatching was invalid, since he signed the waiver of rights form before appearing in front of the trial court and the trial court failed to determine whether

  • City of Alpharetta v. Estate of C.R. Sims

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: C. Sam Thomas and Jana B. Tabor Bovis, Kyle & Burch LLC, Atlanta, for appellant.
    for defendant: . Richard W. Wilson Jr. and James S. Teague Jr. Wilson, Brock & Irby LLC, Atlanta, for appellees.

    Case Number: S00A0705

    Plaintiffs could not compel city to issue a conditional use permit to construct a gas station on their property, since city's denial of permit was based on plaintiffs' failure to take reasonable ste