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  • Stowell v. Huguenard

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William A. Fletcher Jr. Gibson, Deal, Fletcher & Dunham PC, Norcross, for appellant. David S. Walker Jr., Stone Mountain, for appellee.
    for defendant:
    Case Number: S10A1700

    The trial court erred in including an obligation for the father to pay an annual payment of 25 percent of any gross commissions or other income received above his $3,500 monthly base salary, in addi

  • Weaver v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Timothy L. Eidson, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cordele, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0113

    Under the circumstances, the trial court did not abuse its discretion in proceeding with the trial in the defendant's absence after he was removed from the courtroom for disruptive beh

  • Reeves v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer R. Burns, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Lindretta Grindle, Assistant District Attorney, Bess L. Walthour District Attorney's Office, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0345

    Trial counsel was not ineffective for failing to request a continuance after a supposed alibi witness could not be located to testify on defendant's behalf because counsel's investigation revealed t

  • Adams v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rafe Banks III and Daisy D. Weeks, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, and Theodore G. Cassert, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: S10A1563

    Neither alleg nor proof of the defendant's age, was necessary to show his capacity for committing child molest and aggravated child molest

  • Moon v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for Moon. Edward D. Tolley and Ronald E. Houser Cook, Noell, Tolley & Bates LLP, Athens, for Martin. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1668; S10A1671; S10A1672

    The trial court did not err in denying the first defendant's motion to sever his trial from that of the second defendant, since there was no likelihood of confusion by the jury as to the evidence an

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Teasley v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1538

    The trial court improperly sentenced the defendant to a 3-year sentence for being a party to the crime of tampering, since the co-defendant, who directly committed the crime, could be guilty only of

  • Clemons v. State

    Publication Date: 2011-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Kevin R. Majeska, Assistant District Attorney, Thomson, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1935

    The defendant volunteered that he shot the victim, because she meddled in his mar

  • MPP Inv. Inc. v. Cherokee Bank NA

    Publication Date: 2011-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John R. Grimes and Heather M. Malick Lefkoff, Duncan, Grimes, Miller & McSwain PC, Atlanta, for MPP Investments. Dylan W. Howard and Linda S. Finley Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for Cherokee Bank. William H. Arroyo, Tucker, for Howe.
    for defendant:
    Case Number: S10A1361; S10A1363

    The appellant did not properly obtain title to the property at the foreclosure sale as a bona fide purchaser for value because it admitted that it had actual and constructive knowledge of the bank's

  • Nuci Phillips Mem'l Found. Inc. v. Athens-Clarke County Bd. of Tax Assessors

    Publication Date: 2010-12-31
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason C. Warnes II Timmons, Warnes & Ladisch LLP, Athens, for appellant.
    for defendant: William C. Berryman Jr., County Attorney, and Amy S. Gellins County Attorney's Office, Athens, for appellee.
    Case Number: S10G0448

    The trial court correctly affirmed the county Board of Equalization's grant of an ad valorem tax exemption to a charitable Foundation, which provides a safe haven for musicians and any others coping

  • Johnson v. RLI Ins. Co.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James D. Purple, Sr. Purple Law Firm and Albert L. Watson III, Chattanooga, Tenn., for appellant.
    for defendant: . William S. Allred Barrickman, Allred & Young LLC, Windy A. Hillman Wargo and French LLP, Christine L. Mast Hawkins, Parnell, Thackston & Young LLP, Atlanta, Norman M. Kinsman Baker, Kinsman & Hollis and Robert J. Wolford Kennedy, Koontz & Farinash, Chattanooga, Tn., for appellee.
    Case Number: S10G1027

    By considering matters outside the pleadings, the trial court effectively converted the defendant's motion to dismiss to a motion for summary judgment, thereby giving the plaintiffs the right to a d