• Advanced Disposal Servs. Middle Ga. LLC v. Deep S. Sanitation LLC

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S14A0784; S14A0785

    Application of a county ordinance and exclusive franchise agreement granted to one solid waste collection and disposal co did not violate the substantive due process rights of another such co

  • Spies v. Carpenter

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Tamar O. Faulhaber Faulhaber Family Law LLC, Alpharetta, for appellant.
    for defendant: Patricia D. Shewmaker Shewmaker & Shewmaker, Atlanta, for appellee.

    Case Number: S14A1565

    The trial court erred in dismissing the entire divorce petition on the basis of forum non conveniens, instead of dismissing only the child custody portion of the

  • Glover v. State

    Publication Date: 2014-10-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Karen S. Wilkes Public Defender's Office, Cedartown, for appellant.
    for defendant: Oliver J. Browning Jr., District Attorney, Ryan H. Remsen, Chief Assistant District Attorney, Matthew S. Nestrud District Attorney's Office, Cedartown, 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: S14A1022

    The defendant was not entitled to a new trial based on newly discovered evidence in the form of affidavits from three witnesses who testified at trial that they had seen the defendant with a silver

  • Scruggs v. State

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Donarell R. Green IV Green & Green PC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Chief Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A1422

    The trial court did not abuse its discretion in allowing the victim's daughter and two of the victim's siblings to testify pursuant to the necessity exception to the hearsay rule, as their statement

  • Encarnacion v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Stephen M. Reba, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Robby A. King, and Courtney L. Mays, Assistant District Attorneys, Lawrenceville, for appellee.

    Case Number: S14A0690

    Defense counsel was deficient when he incorrectly advised his client that he "may" face deportation as a result of his guilty plea to a bur

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  • MARTA v. Reid

    Publication Date: 2014-09-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Harold M. Bagley, John G. Blackmon Jr., and Joseph B. Ward Drew Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Amicus Appellant: Robert R. Potter, Todd A. Brooks, Crystal S. McElrath Swift, Currie, McGhee & Hiers LLP, Frank T. Putney Jr. Metropolitan Atlanta Rapid Transit, Atlanta, C. Todd Ross, and Eric M. Nestale C. Todd Ross PC, Albany. Todd K. Maziar Morgan & Morgan, Atlanta, for appellee. Amicus Appellee: Thomas M. Finn, Rebecca E. Liner Thomas M. Finn LLC, Dalton, and Joe B. Sartain Jr. Sartain Law Offices, Gainesville.

    Case Number: S13G1812

    The 2-year change in condition statute of limitation found in O.C.G.A. § 34-9-104 subsection b barred the employee's claim seeking to recover statutory penalties for late benefit payments in his wor

  • Kelley v. Randolph

    Publication Date: 2014-09-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Mark A. Kelley Kitchens, Kelley & Gaynes PC, and Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: . David F. Walbert, J. Matthew Maguire Jr., and Jennifer K. Coalson Parks, Chesin & Walbert PC, Atlanta, for appellees.

    Case Number: S14A1055

    The trial court did not err in concluding that the defendants met their burden of proving by a preponderance of the evidence their prescriptive title to the disputed property by adverse posse

  • Cook v. Glover

    Publication Date: 2014-07-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, and Jason S. Naunas, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: . J. Kevin Tharpe, Gainesville, for appellee.

    Case Number: S13G1127

    The Court of Appeals improperly interpreted 42 U.S.C. § 1396p with respect to whether a Medicaid applicant's purchase of an annuity was subject to an asset transfer pe

  • Batten v. State

    Publication Date: 2014-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James E. Bischoff Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0941

    The defendant fired one or more shots after a dispute arose about the cost of a CD at a rap performance, and the victim died from a gunshot wound to hi

  • Cooksey v. Landry

    Publication Date: 2014-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Randolph P. Powell Jr. Huff, Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: Philip C. Henry and Wendy G. Huray Henry Spiegel Milling LLP, Atlanta, for appellees.

    Case Number: S14A0926

    Although a medical malpractice action arising out of the plaintiffs' son's suicide may be authorized under Georgia law and application of the protections afforded psychiatrist-patient communications