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  • Whitus v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, Dana J. Norman, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1133

    The psychologist, who testified at the new trial hearing, did not evaluate the defendant and was unable to offer any opinion contrary to the court-appointed psychiatrist's opinion that the defendant

  • Turner v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ronald J. Ellington Virgil L. Brown & Associates, Zebulon, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1063

    The defendant admitted that he fatally shot his

  • Heard v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0866

    Evidence showed that the 15-year-old defendant voluntarily and knowingly waived his Miranda rights, before giving his custodial stat

  • Schorr v. Countrywide Home Loans Inc.

    Publication Date: 2010-07-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Charles A. Gower, Ben B. Philips, Columbus, Michael B. Terry, Frank M. Lowrey IV and Jason J. Carter Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: Bryan A. Powell, Lawrence J. Bracken II and Jason M. Beach Hunton & Williams LLP, Atlanta, for appellee. Amicus appellee: Dwight J. Davis, Barry Goheen and Jennifer D. Fease King & Spalding LLP, Atlanta.
    Case Number: S10Q0193

    The general rule of allowing the named class plaintiffs to satisfy preconditions for suit on behalf of the entire class applied in this case and the unique statutory requirements of former O.C.G.A.

  • Phillips v. State

    Publication Date: 2010-07-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: Tracy G Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0948

    Officers properly stopped the defendant at a road safety checkpoint, which was authorized by supervisory pers

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Adams v. State

    Publication Date: 2010-07-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: S09G1927

    The presumption of vindictiveness in North Carolina v. Pearce, 395 U. S. 711 1969, whenever more a severe sentence is imposed, after a new trial, is not triggered, unless the new aggregate sentence

  • Covington Square Assocs. LLC v. Ingles Markets Inc.

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Adam N. Struletz Spielman Law Group LLC, Atlanta, for appellee.
    Case Number: S10G0459

    O.C.G.A. § 13-6-11 prevents a trial court from ever determining that a claimant is entitled to attorneys' fees as a matter o

  • Norman v. Ault

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James A. Meaney III Perrotta, Cahn & Prieto PC, Dalton, for appellant.
    for defendant: Larry B. Hill, LaFayette, for appellee.
    Case Number: S10F0874

    The evidence, though conflicting, satisfied the Alabama criteria for a common law marriage in this

  • Moon v. State

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, James W. Webb, Senior Assistant District Attorney, Danielsville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S10A0674

    The trial court lacked authority to grant the state's motion for reconsideration of the grant of the defendant's motion for change of venue on pre-trial publicity grounds, after expiration of the te

  • State of Ga. ex. rel. Doyle v. Frederick J. Hanna & Assocs. PC

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, Jeffrey W. Stump and Amy C. M Burns, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Michael J. Bowers, J. Matthew Maguire Jr. and Marlie A. McDonnell Balch & Bingham LLP, Atlanta, for appellee.
    Case Number: S10A0397

    The Administrator of the Fair Business Practices Act of 1975's investigative demand, which he issued to a law firm seeking to collect debts on behalf of creditors, was an improper attempt to regulat