• Southern Guar. Ins. Co. v. Dowse

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Robert M. Darroch and Nathan W. Kotas Mabry & McClelland LLP, Atlanta, for appellant.
    for defendant: Eugene C. Brooks IV Weisenbaker & Brooks, and William H. Bell III, Savannah, for appellee.

    Case Number: S04G0282

    When the insurer refused to defend the underlying action under a reservation of rights, it waived provisions in the policy against a settlement by the insured and it became bound to pay the amount o

  • Coleman v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Michael Coleman, Sparta, proceeded pro se. Dennis C. Sanders, District Attorney, and Durwood R. Davis, Chief Assistant District Attorney, Thomson, for appellee.
    for defendant:

    Case Number: S04A1252

    The defendant who voluntarily pled guilty to murder could not challenge the effectiveness of his trial counsel without filing a motion to withdraw his plea and developing the record regarding his c

  • State v. Benton

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel M. Hirsh and Robert M. Coker, Assistant District Attorneys, Decatur, for appellant.
    for defendant: Jonathan R. Melnick, Atlanta, for appellee.

    Case Number: S04G0153

    Generally, a jury's recommendation of leniency is mere surplusage, which does not affect the validity of a ve

  • Coleman v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David A. Stevens Pub. Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Charles P. Boring, Anita C. Johnson, Assistant District Attorneys, Newnan, Thurbert E. Baker, Attorney General, and Andrette Watson, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A1069

    A witness's testimony about an anonymous threat he received on his answering machine on the morning he was scheduled to testify was admissible to show why the witness was evasive and extremely reluc

  • Zellars v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A0970

    The trial court properly admitted similar transaction evidence in which the defendant shot two other victims after socializing and arguing with them to show his course of conduct and bent of mind in

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  • Mann v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Lee Sexton and Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and J. Jayson Phillips, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A1454

    O.C.G.A. § 42-1-13-which prohibits registered sex offenders from living within 1,000 feet of specified places-does not permit the regulatory taking of property without just and adequate compens

  • JWIC Inc. v. City of Sylvester

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David G. Archer Archer & Lovell PC, Cartersville, for appellant.
    for defendant: Clarence A. Miller, Sylvester, for appellees.

    Case Number: S04A1094

    An apartment building clearly falls under the city ordinance's definition of a multi-family dwe

  • Kemp v. Simpson

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Karriem Simpson, Stone Mountain, proceeded pro se.

    Case Number: S04A1358

    Regardless of defendant's contention that he is only the victim's step-uncle, he admitted that he was the victim's uncle as alleged in the indictment when he pled guilty to the crime of i

  • Little v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Cynthia W. Harrison, Stone Mountain, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Christopher M. Quinn, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A1186

    Several eyewitnesses testified that the defendant hit the victim over the head with a shovel and then stabbed him in the chest after the two argued while playing baske

  • McClure v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Victoria S. Aronow, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S04A0944

    The trial court's error in admitting a photograph of the victim's body after his internal organs were removed for donation was harmless in light of the overwhelming evidence against the defe