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  • State v. Morrell

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellant.
    for defendant: Kazuma Sonoda Jr. Metro Conflict Defender's Office, Atlanta, for appellee.
    Case Number: S06A1240

    The state has the right to appeal an oral suppression after a defendant's acquittal only when the transcript shows that the trial court refused the state request that the trial court reduce th

  • Ferguson v. State

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Susan A. Welch, Millen, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Laura D. Dyes, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1142

    The defendant's speculation that an expert might have been able to show that he was not traveling 60-70 mph when he entered an intersection in a stolen car against a red light and struck another veh

  • Orr v. State

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Steven Beauvais Zipperer, Lorberbaum & Beauvais, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S06A1202

    A portion of a 911 recording, in which in which an unknown third party stated the defendant's name, was not admissible as part of the res g

  • Steinichen v. Stancil

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Salina M. Kennedy and Arnold S. Kaye Patterson & Kaye LLC, Winder, for appellant.
    for defendant: Thomas T. Tate and Jeffrey B. Hicks Anderson, Tate, Mahaffey & McGarity PC, Lawrenceville, for appellees.
    Case Number: S06A0918

    O.C.G.A. § 23-3-67 does not provide for the filing of exceptions to a special master's report in a quiet title a

  • Upchurch v. Chaney

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Bradford C. Dodds Funderburk, Day & Lane, Columbus, for appellant.
    for defendant: Jesse L. Young, Stone Mountain, and Karen D. Earley Meacham, Earley & Jones PC, Columbus, for appellees.
    Case Number: S06A1118

    Any confusion regarding the acceptable method of payment was due to the appellees failure to adequately prepare for the sale, since O.C.G.A. § 9-13-166 plainly states that a winning bid in a "for ca

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    Delaware County Court Rules 2024

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  • Cormier v. Cormier

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Stephen F. Mackie, Atlanta, for appellant.
    for defendant: Dwight H. May, Moultrie, Thurbert E. Baker, Attorney General, and John C. Jones Department of Law, Atlanta, for appellee.
    Case Number: S06F0442

    The wife's 2-month separation from her husband before she filed for divorce did not establish that she deserted him for purposes of the alimony

  • Winstead v. State

    Publication Date: 2006-06-30
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: G. Channing Ruskell Carson & Ruskell, Woodstock, for appellant.
    for defendant: David L. Cannon Jr., Solicitor General, and Barry W. Hixson, Assistant Solicitor General, Canton, for appellee.
    Case Number: S06A0170

    The defendant could not complain that the trial court failed to require him to install an ignition interlock device on his second conviction for DUI in five years, since the trial court's sentence w

  • Mayo v. Head

    Publication Date: 2006-06-02
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Wayne S. Tartline and Douglas J. Davis Belli, Weil, Grozbean & Davis LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Kay Baker, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0549

    Pr ors have broad discretion in determining whether to pr e an particular case and the appellants failed to show that the pr or in this case abused his discretion in deciding not to p

  • Rolland v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John A. Beall IV, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Ira M. Sudman, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0533

    Even if trial counsel provided deficient performance in his trial strategy, when he did not abandon his strategy of preserving the right to conclude final arguments after the co-defendant called wit

  • Layman v. State

    Publication Date: 2006-06-02
    Practice Area:
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Rafe Bank III and Marc N. Cunat Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, Richard A. Vandever, Assistant District Attorney, Gainesville, Thurbert E. Baker, Attorney General, and Patricia B. Burton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0634, S06A0687

    The trial court had discretion to nolle prosse the defendant's second indictments, rather than quashing them in order to avoid the application of O.C.G.A. § 17-7-53.1, which would have barred the st