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  • Funes v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant. Tracy G. Lawson, District Attorney, Adeline N. Alexander, Billy J. Dixon, Assistant District Attorneys, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1015

    Eyewitnesses identified the defendant as the shooter who opened fire outside of a pool hall, fatally striking the victim in the

  • Kent v. Kent

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John C. Hammond Hammond & Hammond PC, Thomson, for appellant. Barry N. Middleton Tisdale Law Firm, Evans, for appellee.
    for defendant:
    Case Number: S11F1035

    Litigants could prevent gamesmanship in parsing the fees for a court reporter and transcript simply by ensuring that the trial court obtains express refusal by the opposing party to share in takedow

  • Simmons v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Deah B. Warren and Chaunda Brock C.F. Brock and Assocs. LLC, Austell, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0872

    Although the defendant did not kick the victim into a vegetative state, he was an equally guilty party to the crime of murder because he intentionally aided, abetted, and encourag

  • Stephens v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Walter M. Britt Chandler, Britt, Jay & Beck LLC, Buford, for appellant. Daniel J. Porter, District Attorney, and Jon W. Setzer, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: S10G1958

    Trial courts should not charge juries on consistent statements except where the circumstances of an unusual case suggest that the jury may have the mistaken impression that it cannot consider

  • Dean v. Dean

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Randall S. Berryman Montalto & Berryman, Atlanta, for appellant.
    for defendant: David S. Givelber Lawler Green Givelber & Prinz LLC, Atlanta, for appellee.
    Case Number: S11A0739

    The trial court erred in refusing to allow the husband to seek a downward modification of child support, as the floor amount of child support provided in the parties' settlement agreement did not co

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  • Stewart v. Ray

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: William F. Rucker, Decatur, for appellant.
    for defendant: Harry W. MacDougald, Jeremy M. Moeser, Floyd E. Propst III Caldwell & Watson LLP, Stanley M. Lefco and John S. Olczak, Atlanta, for appellee.
    Case Number: S11A0777

    Language in a will bequeathing the testor's personal property and residual estate to my eight 8 children, per stirpes, along with the repeated use of the term share, indicated that each of the testa

  • Grady v. Unified Gov't of Athens-Clarke County

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice, Athens, for appellant.
    for defendant: William C. Berryman Jr., County Attorney, and Amy S. Gellins, Athens, for appellee. Amicus Appellee: Elizabeth P. Bradley, James F. Grubiak and Kelly J. Pridgen Association County Commissioners of Georgia, Atlanta.
    Case Number: S11A1252

    Athens-Clarke county local ordinance § 3-5-24 c 2 a, regulating the volume of noise from mechanical sound-making devices, is not facially invalid under the Georgia Constitution's free speech c

  • Payne v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Bryan P. Tyson Strickland Brockington Lewis LLP, Atlanta, for appellant.
    for defendant: Louie C. Fraser, District Attorney, Robert B. Faircloth District Attorney's Office, Dublin, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0818

    Evidence that the defendant shot the victim from at least 18-24 inches away and the absence of evidence that the victim was armed or that he confronted the defendant with a weapon, authorized the ju

  • Tyner v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Paige R. Whitaker, Deputy District Attorneys, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0253

    The defendant's 1984 guilty plea to malice murder was invalid because the record did not show that he was advised of his right against self-incrimination as Boykin req

  • Haley v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kristin i. Jordan and Brett M. Willis Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, , Jennifer D. Hart, Conley J. Greer, Assistant District Attorneys, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Joseph M. Beck, William A. Pequignot Kilpatrick Stockton LLP, Emmet J. Bondurant Bondurant, Mixson & Elmore LLP, John F. Gelzer III Garland, Samuel & Loeb and Sidney L. Moore III Troutman Sanders LLP, Atlanta.
    Case Number: S11A0606

    In the catchmekiller" case, the state failed to prove specific intent to support the defendant's conviction for tampering with evidence with intent to prevent apprehension and obstruct prosecution o