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  • State v. Hattney

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Michele T. McCutcheon, Senior Assistant District Attorney, Anne E. Green and Marc A. Mallon, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: Brandon Lewis, Norcross, and Leslie S. Roche', Decatur, for appellees.
    Case Number: S04A2017

    A single photographic show-up was not impermissibly suggestive, where the witness knew both defendants for an extended period of

  • Coffey v. Fayette County

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward A. Webb, William E. Porter and Scott D. Bennett Webb & Porter LLC, Atlanta, for appellant.
    for defendant: . Dennis A. Davenport McNally, Fox & Grant PC, Fayetteville, for appellees.
    Case Number: S04A1939

    The Court remanded for trial court to determine if a provision of a Fayette county sign ordinance restricting the number and size of non-commercial signage in residential areas is the least restrict

  • Martin v. Henry County Water & Sewerage Auth.

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Richard N. Hubert, Eric C. White and Charles Clark III Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . A. J. Welch Jr. and William A. White Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: S04A1795

    A property owner has no constitutional right to a trial by jury on the question of just and adequate compens

  • Ramirez v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Dwight L. Thomas and Caprice R. Jenerson Law Offices of Dwight L. Thomas PC, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, District Attorney, Mike McDaniel, Robert M. Coker, Assistant District Attorneys, Decatur, for appellee. Amicus appellant: Brian Steel The Steel Law Firm PC, Atlanta. Other party representation: Keith E. Adams, Decatur.
    Case Number: S04A1973

    An attorney was not in direct criminal contempt for a telephone call he made to a radio station during the course of his client's capital murder trial, since the call did not occur in open court or

  • Ramirez v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Dwight L. Thomas and Caprice R. Jenerson Law Offices of Dwight L. Thomas PC, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, District Attorney, Mike McDaniel, Robert M. Coker, Assistant District Attorneys, Decatur, for appellee. Amicus appellant: Brian Steel The Steel Law Firm PC, Atlanta. Other party representation: Keith E. Adams, Decatur.
    Case Number: S04A1973

    An attorney was not in direct criminal contempt for a telephone call he made to a radio station during the course of his client's capital murder trial, since the call did not occur in open court or

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

    View this Book

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  • Ransom v. Holman

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Rayfield Ransom, Atlanta, for appellant.
    for defendant: William H. Mills, Blakely, for appellees.
    Case Number: S04A1857

    The circumstances of the case, including claims for an accounting and contribution, warranted an equitable partitioning of the land at

  • Lewis v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas M. West, Atlanta, and Amy G. Donnella, St. Davids, Pa., for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Brenda J. Bernstein and Celeste S. Jenks The Bernstein Firm PC, Atlanta.
    Case Number: S04A2006

    The trial court t required to sua sponte order a competency hearing before trying a 14-year-old as an adult on malice murder charges, since nothing the defendant did at trial suggested that he

  • Ware v. State

    Publication Date: 2005-02-18
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Sam F. Little Little, Bates & Kelehear PC, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A2076

    In the absence of a transcript of the suppression hearing, the evidence presumably supported the denial of the defendant's motion to suppress evidence obtained during a warrant search of his

  • Fuller v. State

    Publication Date: 2005-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David E. Clark Clark & Towne PC, Lawrenceville, and Wystan B. Getz Oakhurst Law Group LLC, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1624

    The trial court properly admitted evidence that a witness who held and sold crack cocaine was concerned about his "business relationship' with the defendant to explain why the witness's initial repo

  • Andrews v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: W. Wright Gammon Jr. Gammon & Anderson, Cedartown, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, and Leonard C. Gregor Jr., Assistant District Attorney, Ringgold, for appellee.
    Case Number: S04G1070

    A habeas petitioner who obtains an out-of-time appeal is required to litigate his ineffectiveness claim in the trial