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  • Fox v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1719

    The defendant's conviction for armed robbery could not stand, since the evidence supported two equally reasonable hypotheses regarding whether the defendant used a weapon prior to or contemporaneous

  • Bishop v. Patton

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Bryan E. Busch and Jason B. Godwin Busch, Slipakoff & Schuh LLP, Atlanta, for appellant.
    for defendant: . Kristine E. Brown, Acworth, and L. David Wolfe, Atlanta, for appellees.
    Case Number: S10A1601

    No evidence showed that the defendant had plans to kill his former caretaker-turned-lover when he executed a gift deed to his approximate $125K home to his three minor grandchildren three months pri

  • Pittman v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl R. Varnedoe, Billy N. Jones Jones, Osteen & Jones, Hinesville, Malcolm F. Bryant Jr. Bryant & Cook PC, Vidalia, and M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellant.
    for defendant: . Samuel H. Altman, District Attorney, Swainsboro, John F. Kennedy Hall, Bloch, Garland & Meyer, Macon, Andrew Ekonomou and Michael G. Lambros The Lambros Firm LLC, Atlanta, for appellees.
    Case Number: S10A1436

    The record showed that immediate and irreparable injury would result unless the trial court granted a TRO preventing the plaintiffs and their corporation from disposing of any business documents or

  • State v. Porter

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Stephany J. Luttrell, Assistant District Attorney, and Richard H. Deane Jr. Jones Day, Atlanta, for appellant.
    for defendant: Jimmonique R. S. Rogers Georgia Public Defender Standards Council, Atlanta, for appellee. Amicus Appellant: Charles C. Olson Prosecuting Attorneys' Council of Georgia, Atlanta.
    Case Number: S10G0211

    The trial court erred by failing to analyze the assertion of the right to speedy trial Barker f

  • State v. Mizell

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Paige R. Whitaker, Chief Assistant District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: John W. Kraus, Atlanta, for appellee.
    Case Number: S10A2064

    Neither collateral estoppel nor res judicata applied in this case because both require a previous action between the same parties, and the trial court's previous orders came in the same action now o

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  • Brinson v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Joseph D. Weathers Weathers Law Office, Moultrie, for appellant.
    for defendant: Gary W. Edwards, District Attorney, Albany, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1644

    The defendant shot and killed the victim in front of the pizza store where he worked, because he had once dated and remained close f with the co-defendant's girlf

  • Walker v. State

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0970

    The victim's daughter testified that she found her mother bleeding on the floor, after hearing a sound like a firecracker coming from her mother's room, where the defendant and her mother

  • Smith v. Lockridge

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Lori B. Duff Jones & Duff LLC, Don M. Jones, Loganville, Timothy K. King Hodges, McEachern & King, Jonesboro, for Smith. Todd A. Harding Maddox & Harding LLC, Zebulon, and Jeffrey L. Foster Foster & Hanks, Monroe, for Lockridge.
    for defendant:
    Case Number: S10A1007; S10X1009

    Execution of a deed without delivery is insufficient to pass

  • Hilton v. State

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1235

    The over 30-year delay between the commission of the crimes and the defendant's indictment did not violate defendant's due process rights because the state did not seek the defendant's indictment in

  • Blevins v. Dade County Bd. of Tax Assessors

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Thomas F. Lindsay and Christopher A. Townley Townley & Lindsay LLC, Rossville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and James R. Rogers, Trenton, for appellee.
    Case Number: S10A1083

    Dade county's homestead tions were constitutional under the Tax Exemption Clauses of Georgia's Constitution because the legislature and the voters of Georgia have the constitutional authority t