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Publication Date: 2015-06-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Steven M. Rodham Womack, Gottlieb Rodham PC, Lafayette, for appellant.
for defendant: Elizabeth A. Brandenburg, Marcia G. Shein Law Firm of Shein Brandenburg, Decatur, and Jeffery C. Talley, Gainesville, for appellee.
Case Number: S15A0281
The habeas court properly granted relief to the petitioner based on the invalidity of his guilty pleas, since his mental disorder prevented him from making an intelligent and knowing decision to en
Publication Date: 2015-06-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Jessica K. Moss, Solicitor General, Barry W. Hixson, Chief Assistant Solicitor General, and Laura A. Janssen, Assistant Solicitor General, Canton, for appellant.
for defendant: Rebecca T. Kozycki Chestney Law Firm, and Jeffrey R. Filipovits Filipovits Law Firm PC, Atlanta, for appellee. Amicus Appellant: Melvin L. Hewitt Jr., Ryan L. Isenberg Isenberg Hewitt PC, Atlanta, Carroll R. Chisholm Jr., Solicitor, Athens, Gregory W. Edwards, District Attorney, Albany, Denise D. Fachini, District Attorney, Cordele, Carlton T. Hayes Prosecuting Attorney's Council of Georgia, Morrow, Barry E. Morgan, Solicitor General, D. Victor Reynolds, District Attorney, John R. Edwards, John S. Melvin, Assistant District Attorneys, Marietta, Rebecca A. Wright, District Attorney, Augusta, Michael S. Carlson, Deputy Chief Assistant District Attorney, Donald P. Geary, Assistant District Attorney, Decatur, and Andrew J. Ekonomou, Assistant District Attorney, Brunswick. Amicus Appellee: Jennifer G. Ammons and William C. Head Head, Thomas, Webb Willis LLC, Atlanta.
Case Number: S14G1061
Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection b, without regard to whether the charged crime is one requiring a specific or general intent, when it is offered
Publication Date: 2015-05-14
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Wilburn M. Burnham II Dodd Burnham, Valdosta, and Mary K. Durant Durant Law LLC, Tucker, for appellant.
for defendant: David A. Webster, Atlanta, for appellee.
Case Number: S15A0106
Husband was obligated to pay daughter's college expenses, since she had attended school full time as contemplated by the settlement agreement incorporated into the parties' final divorce d
Publication Date: 2015-05-14
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Kenneth D. Kondritzer and Tamara N. Crawford Public Defender's Office, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Lenny I. Krick, Senior Assistant District Attorney, Atlanta, for appellee.
Case Number: S14G1762
The Supreme Court overruled Williams v. Duffy, 270 Ga. 580 1999, and its progeny and held that an attorney's failure to inform his or her client that he or she would be ineligible for parole as a re
Publication Date: 2015-04-24
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Anthony P. Tatum, Bethany M. Rezek, Merritt E. McAlister, James A. Pratt King Spalding LLP, Atlanta, and Jeffrey S. Bucholtz King Spalding LLP, Washington, D.C., for appellant.
for defendant: Douglas L. Clayton Swift, Currie, McGhee Hiers LLP, Atlanta, Charles C. Lemley Wiley Rein LLP, Washington, D.C., for appellee. Other party representation: Frank J. Jordan Jr. Chattahoochee Circuit Superior Court, Columbus. Amicus Appellee: Seth M. Friedman Weissman, Nowack, Curry Wilco PC, Atlanta.
Case Number: S15Q0418
The insured was precluded from pursuing its action against the insurer for breach of contract and bad faith failure to settle after the insured settled a lawsuit against it without the insurer's co
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Publication Date: 2015-04-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellant.
for defendant: Sarah L. Gerwig-Moore, Mattie L. Hardin, Marlene Otero, Dorothy Paul Mercer Law School, and Caleb F. Walker The McArthur Law Firm, Macon, for appellee.
Case Number: S15A0507
The order granting habeas relief failed to comply with O.C.G.A. § 9-14-49, since it did not contain written findings of facts and conclusions of law upon which the judgment was
Publication Date: 2015-04-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Charles L. Bachman Jr. Gregory, Doyle, Calhoun Rogers LLC, Marietta, and Charles D. Joyner, Buford, for appellant.
for defendant: . Cary Ichter and William D. Davis Ichter Thomas LLC, Atlanta, for appellees. Other party representation: Ural D. L. Glanville Fulton Superior Court, Atlanta. Amicus Appellants: Ernest L. Greer and Michael J. King Greenberg Traurig LLP, Atlanta.
Case Number: S14G1891
The Supreme Court reversed the Court of Appeals' judgment affirming the denial of the defendants' motion for directed verdict in a dispute arising from a day care center franchise agre
Publication Date: 2015-03-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: J. Philip Cannon, Albany, for appellant.
for defendant: Gregory W. Edwards, District Attorney, Kathryn O. Fallin, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1658
Trial counsel was not deficient in failing to present a defense based on circumstantial evidence or in failing to request a jury charge regarding the State's burden of proof in a purely circumstanti
Publication Date: 2015-03-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: Eric J. Taylor Public Defender's Office, Atlanta, for appellant.
for defendant: Robert D. James Jr., District Attorney, Roderick B. Wilkerson, Deborah D. Wellborn, Assistant District Attorneys, Buffy D. Thomas District Attorney's Office, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1715
Trial counsel was not deficient in failing to make a meritless motion to suppress evidence or in failing to raise meritless objections in the defendant's murder
Publication Date: 2015-02-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys: For plaintiff: James E. Lee II and Michael W. Barber James E. Lee II PC, Macon, for appellant.
for defendant: Yakov D. Shteyman Martenson, Hasbrouck Simon LLP, and Edward A. Miller, Atlanta, for appellee.
Case Number: S14G0753
The Court of Appeals erred in addressing the sovereign immunity presented as though it were an official immunity
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