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  • Massey v. Massey

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Fred R. White, Monroe, for appellant.
    for defendant: William M. Waters Ballard, Stephenson & Waters LLP, Covington, for appellee.
    Case Number: S13A0793

    The husband's appeal from a contempt order was barred by the dismissal of his previous appeal from that order for failure to follow discretionary appeal proce

  • Matthews v. State

    Publication Date: 2013-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Peggy A. Katz, Assistant District Attorney, Atlanta, and Edward V. C. Silverbach The Silverbach Group LLC, Kennesaw, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1170

    The trial court properly refused to allow the defendant to present evidence implicating another person in the crimes, since the testimony at issue was not based on personal knowledge and did not rai

  • Mortgage Alliance Corp. v. Pickens Cnty.

    Publication Date: 2013-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Roy E. Barnes, John R. Bevis, and James C. Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Phillip E. Friduss, Ellen L. Ash, and Deborah V. Haughton Landrum & Friduss LLC, Woodstock, for appellees.
    Case Number: S12G1885

    The inverse condemnation claim never ripened for judicial review, and the trial court should have granted summary judgment to the defendants on this g

  • Williams v. State

    Publication Date: 2013-10-24
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Frank H. Childs Jr., County Attorney, Craig M. Childs, and William H. Noland Childs & Noland, Macon, for appellant.
    for defendant: Otis L. Scarbary, Rebecca H. L. Grist, Solicitors General, Macon, and Cynthia T. Adams, Assistant District Attorney, Fort Valley, for appellee.
    Case Number: S13G0178

    The trial court erred in denying the defendant's motion to suppress evidence obtained as a result of his stop at a vehicle checkpoint, as the State failed to prove that the county sheriff office's r

  • Brown v. State

    Publication Date: 2013-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John A. Steakley, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, John R. Edwards, Richele P. Anderson, and Daniel J. Quinn, Assistant District Attorneys, Marietta, for appellee.
    Case Number: S12G1287

    Some evidence supported the trial court's determination that the "supervisory personnel" requirement was not satisfied in this case, which rendered the checkpoint in question unconstitut

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  • Teasley v. State

    Publication Date: 2013-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: James B. Smith, District Attorney, Jefferson, Samuel E. Skelton, Assistant District Attorney, Homer, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1231

    The defendant told his co-defendant to shoot both victims, which his co-defendant did, killing one and injuring the

  • Walker v. State

    Publication Date: 2013-10-10
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Gary W. Jones, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Amelia G. Pray, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0861

    The Supreme Court reversed the defendant's conviction for felony murder in connection with an automobile accident that resulted in a fatality, as the guilty verdicts for felony murder based on aggra

  • Norfolk S. Ry. Co. v. Zeagler

    Publication Date: 2013-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John S. Stewart and Amanda R. Smith Hall, Bloch, Garland & Meyer LLP, Macon, for appellant.
    for defendant: Amicus Appellant: Christopher R. Jordan and Randall A. Jordan The Jordan Firm, St. Simons Island. Darl H. Champion Jr., Michael J. Warshauer, Douglas C. Dumont, and Lyle G. Warshauer Warshauer Law Group PC, Atlanta, for appellee. Amicus Appellee: John A. Harp, Jefferson C. Callier Harp & Callier LLP, Columbus, and Jeffrey R. White Center for Constitutional Litigation PC, Washington, District of Columbia.
    Case Number: S12G2031

    A railway company was not entitled to summary judgment in a conductor's suit for injuries arising from a grade-crossing coll

  • Babies Right Start Inc. v. Georgia Dep't of Pub. Health

    Publication Date: 2013-09-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Anthony C. T. Lake Gillen, Parker & Withers LLC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Jason S. Naunas, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1074

    The plaintiff's challenge to a 1-year administrative disqualification from participation in the federal WIC program was moot because the disqualification period ended almost a yea

  • Scarborough v. Hunter

    Publication Date: 2013-07-17
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Brian C. Ranck Sanders & Ranck PC, Toccoa, for appellant.
    for defendant: . James E. Cornwell Jr. Cornwell Law Offices, Toccoa, for appellees.
    Case Number: S13A0060

    The trial court erred in setting aside the county Board of Commissioners' dec to abandon a county road, as it failed to accord proper deference to the Board's dec