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  • Lenderman v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rhonda Y. Roell-Taylor, Macon, for appellant. Howard Z. Sims, District Attorney, Graham A. Thorpe and Dorothy V. Hull, Assistant District Attorneys, Macon, for appellee.
    for defendant:
    Case Number: A04A1988

    The defendant failed to show how his trial counsel's alleged omissions prejudicially affected his defense, since he called no witnesses at the new trial hearing in support of his incompetency c

  • Stone v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A05A0692

    The totality of the circumstances supported the trial court's finding that the 15-year-old's statement to police was knowing and volu

  • Spear v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John W. Spear, Atlanta, proceeded pro se. Carmen D. Smith, Solicitor General, and Jody L. Peskin, Assistant Solicitor General, Atlanta, for appellee.
    for defendant:
    Case Number: A04A2090

    Any deficiency in the performance of defendant's appointed counsel with regard to his hearing on the effectiveness of trial counsel resulted from defendant's own failure to cooperate wit

  • Howren v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rodney L. Mathis, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, for appellee.
    Case Number: A04A1293

    The defendant had no standing to contest the search of his co-defendant's car and its con

  • Silvers v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ramon J. Fajardo, Albany, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0800

    Defendant could not show prejudice from his counsel's decision to waive his presence at the Jackson-Denno hearing since the hearing did not result in the admission of any harmful evidence at

  • Robinson v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William A. Dowell, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Larry Chisolm, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0504

    Evidence that his co-defendant shot and killed a convenience store owner during an armed robbery supported the defendant's convictions for malice murder, armed robbery and a firearms of

  • Hopper v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William R. Thompson Jr., Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A04A0710

    Testimony from the defendant's two minor sons supported his convictions for child molest and aggravated child molest

  • Blackwell v. Potts

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Taylor W. Jones, Jenny E. Jensen Taylor W. Jones & Assocs., William Q. Bird William Q. Bird & Assocs., and Richard E. Harris, Atlanta, for Blackwell. James T. McDonald Jr. and John S. Berry Swift, Currie, McGhee & Hiers LLP, Atlanta, for Potts.
    for defendant:
    Case Number: A03A2400; A03A2401

    The trial court abused its discretion in concluding that the legal malpractice plaintiffs were categorically restricted to the evidence already in the record when the defendants represented them in

  • Urapo-Sanchez v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Andrew A. Hothem, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A04A0235

    The undercover agent's testimony that the defendant seemed calm, friendly and reassuring during their meetings and that he never showed any reluctance to participate in the transaction was sufficien

  • Whitesides v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Douglas W. Auld, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A03A1960

    The record showed that the defendant grappled with the inherent conflict between maintaining his innocence and pleading guilty to obtain the benefits of a negotiated Alford plea, he weighed the meri