• McReynolds v. Krebs

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Cheryl H. Shaw and David F. Root Carlock, Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Lance A. Cooper, Marietta, Halli D. Cohn and Jennifer A. Simon Kind & Spalding LLP, Atlanta, for appellee.

    Case Number: S11G0638

    O.C.G.A. § 51-12-33 barred the defendant's cross-claims for contribution, since the statute provides that apportioned damages are not subject to any contribution

  • Smith v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S12A0380

    The trial court did not err in denying the defendant's untimely motion in arrest of judgment, although it could have dismissed the motion in

  • Walker v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.

    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha

  • Thomas v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Thomas J. Killeen, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S11A1686

    The trial court did not abuse its discretion in denying the defendant's motion for a change of venue due to pretrial publicity, as the defendant failed to establish that the 15 percent excusal perce

  • Goodson v. Ford

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Clifford W. Harpe Jr., Cordele, for appellant.
    for defendant: . James H. Edge and David A. Garland Moore, Clarke, Duvall & Rodgers PC, Albany, for appellees.

    Case Number: S11A1740

    The trial court properly found that the defendants' interest in the property was in the nature of an easement rather than legal

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  • Armour v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S11A1614

    Under the circumstances, counsel was not deficient in failing to object when the government violated the discovery statute by failing to disclose 47 witnesses less than 10 days before

  • Brogdon v. Brogdon

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert S. Lane and Suzanne E. Henrickson Henrickson & Sereebutra LLC, Dallas, for appellant.
    for defendant: Hylton B. Dupree Jr. and Blake R. Carl Dupree & Kimbrough LLP, Marietta, for appellee.

    Case Number: S11F1975

    The trial court erred in failing to make the required written findings to support its deviation from the presumptive amount of child support for extraordinary educational exp

  • Chase Manhattan Mortgage Corp. v. Shelton

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Monica K. Gilroy, Tania T. Trumble Dickenson Gilroy LLC, Alpharetta, John D. Andrle McCurdy & Candler, Decatur, Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC and Mark A. Kelley Kitchens, Kelley & Gaynes PC, Atlanta, for appellant.
    for defendant: . David R. Trippe, Sautee Nacooche, and John R. Neville Neville & Cunat LLP, Cumming, for appellees.

    Case Number: S11A1468

    The trial court properly rejected the defendants' claim of bona fide purchaser status, as the designation of guardian in the chain of title put the defendants on notice of the need to confirm the m

  • Duvall v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.

    Case Number: S11A1541

    The defendant failed to show that his trial counsel was deficient for not properly objecting to all questions regarding his siblings names and his father's

  • Mitchell v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brian L. Daly, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S11A1899

    Listing the possible guilty verdict option before the not guilty option on the pre-printed verdict form did not conflict with the presumption of inno