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  • Sanders v. Riley

    Publication Date: 2015-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Rebecca C. Moody, Perry, for appellant.
    for defendant: Christopher A. Yates Giannini Yates, Daniel B. Kane, Atlanta, and C. Sutton Connelly Cook Connelly, Summerville, for appellee.
    Case Number: S14A1314

    The evidence was clearly sufficient to defeat summary judgment on the issue of whether there was an unwritten contract for the deceased to "virtually adopt" the appellant, who claimed the right to

  • DeVaughn v. State

    Publication Date: 2015-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Janice L. Mathis, Bogart, and Adrian L. Patrick, Snellville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1722

    Evidence showed that the defendant shot and killed his cousin's husband in exchange for her promise to pay him $5K.

  • Tolbert v. Toole

    Publication Date: 2014-12-19
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A1158

    The defendant was not entitled to habeas relief based on an unresolved pretrial pro se notice of appeal, as the record did not show that he was not represented by counsel on the date he fil

  • Lewis v. State

    Publication Date: 2014-11-20
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Walker L. Chandler, Peachtree City, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, 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: S14A1338

    Two eyewitnesses identified the defendant as the boy who fatally shot the v

  • Bighams v. State

    Publication Date: 2014-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Larry M. Johnson, Nashville, for appellant.
    for defendant: . Richard L. Perryman III, District Attorney, Sandra K. Guest, Assistant District Attorney, Nashville, Catherine H. Helms, Assistant District Attorney, Valdosta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1464; S14A1465

    The defendants did not show prejudice from defense counsels' alleged deficiency in failing to timely challenge their indictment for felony murder, aggravated assault and a firearms offense based on

  • 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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  • Fladger v. Fladger

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stacie A. Conner Conner & Conner, Atlanta, for appellant.
    for defendant: Lee W. O. Shafer, Duluth, for appellee.
    Case Number: S14F1711

    The trial court failed to make sufficient findings in support of its deviation from the presumptive amount of child support under O.C.G.A. § 19-6-15

  • State v. Outen

    Publication Date: 2014-10-23
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Chief Assistant District Attorney, Athens, for appellant.
    for defendant: Edward H. Brumby Jr., Chief Assistant Public Defender, Athens, for appellee.
    Case Number: S14G0390

    The State failed to file an indictment charging the defendant with first degree vehicular homicide within the applicable 4-year statute of limitation p

  • Wingate v. State

    Publication Date: 2014-10-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: David J. Walker Georgia Public Defender Standards Council, Macon, for appellant.
    for defendant: Karl D. Cooke Jr., District Attorney, Dorothy V. Hull, Shelley T. Milton, Assistant District Attorneys, Macon, 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: S14A1054

    The evidence supported the high school student's convictions for the murder and armed robbery of his godf

  • Heiskell v. Roberts

    Publication Date: 2014-10-10
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Donald F. Oliver, County Attorney, W. David Cunningham, and Benjamin T. Bradford Wm. David Cunningham PC, LaFayette, for appellant.
    for defendant: . Amicus Appellant: James F. Grubiak, General Counsel Association of County Commissioners of Georgia, and G. Joseph Scheuer, Deputy Legislative Counsel, Atlanta. Archibald A. Farrar Jr. Farrar & Corbin PC, Summerville, for appellee.
    Case Number: S14A0779

    Judges appointed to fill vacancies on appellate, superior and state courts do not serve out the "unexpired term" of their pred rs and thus are not entitled to the same compensation as their pre

  • Brown v. State

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A0800; S14A0801

    Georgia law does not authorize a trial court to grant use immunity to a witness at a defendant's re