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  • Sullivan v. State

    Publication Date: 2005-12-09
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Donald F. Samuel, Edward T. M. Garland Garland, Samuel & Loeb PC, and Josh D. Moore Georgia Capital Defenders, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Anne E. Green, Christopher D. Helms, Assistant District Attorneys, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S05A1140

    O.C.G.A. § 16-1-8 c bars a subsequent prosecution only if the prior federal prosecution was for a crime within the concurrent jurisdiction of the

  • Williams v. State

    Publication Date: 2005-10-28
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Macon, John T. Durden Jr., District Attorney, Lewis M. Groover Jr., Assistant District Attorney, Hinesville, Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S05A1041

    The defendant shot his ex-girlfriend through the ear, cut her throat and stabbed her two children to

  • Whitley v. Schwall

    Publication Date: 2005-10-28
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: James W. Howard, Tucker, for appellant.
    for defendant: . Cary Ichter, Christopher S. Anulewicz and James L. Hollis Balch & Bingham LLP, Atlanta, for appellees. Other party representation: Edward T. Garland, Robin S. Loeb and Anne H. Coolidge-Kaplan Garland, Samuel & Loeb PC, Atlanta.
    Case Number: S05A0765

    Mandamus is not an available r to seek review of a trial court's ruling, which is subject to appellate review, because the availability of judicial review is an adequate legal r

  • Robinson v. State

    Publication Date: 2005-10-07
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie J. Hobbs, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1002

    The trial court properly admitted the portion of the defendant's videotaped interview where he called the child molestation victim "probably honest," since the defendant later attacked the victim's

  • Ford v. State

    Publication Date: 2005-07-29
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0616

    The trial court did not err in admitting the transcript of an on-line chat between the defendant and a sergeant, who posed as a 14-year-old girl, sinc ssion of the transcript was analogous to t

  • Dorsey v. State

    Publication Date: 2005-07-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Assistant Attorney General, and John E. Floyd Bondurant, Mixson & Elmore LLP, Atlanta.
    Case Number: S05A0897

    The state was entitled to theorize to the jurors that former DeKalb County Sheriff Sidney Dorsey killed Sheriff-elect Derwin Brown in order to prevent Brown from investigating and uncovering evidenc

  • Verlangieri v. State

    Publication Date: 2005-06-24
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donald F. Samuel, William C. Lea Garland, Samuel & Loeb PC, Michael M. Hawkins and Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0447

    The trial court properly admitted the wrong-way driver's blood-alcohol test results in his prosecution for homicide by vehicle, serious injury by vehicle and reckless dr

  • Preer v. Johnson

    Publication Date: 2005-03-17
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: William P. Rowe III, Ellijay, Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A2035

    The defendant's properly filed petition for habeas relief could be transferred to his new county of dete

  • Curtis v. State

    Publication Date: 2005-01-28
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Assistant Public Defender, Savannah, Donald F. Samuel Garland, Samuel & Loeb PC, and Herbert Shafer, Atlanta, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ian R. Heap Jr., Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A2331

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his voluntary guilty plea, because he failed to show that his plea counsel was ineffe

  • Ogle v. State

    Publication Date: 2004-11-12
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A2343

    The state's forensic interviewing expert did not give an opinion on the ultimate issue when she testified based on her extensive experience that the victim's interview was consistent with one given