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  • White v. State

    Publication Date: 2003-05-30
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer E. Hildebrand, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0062

    Defendant's wife's statement that the victim probably did not see who shot him was admissible under the necessity exception to the hearsay rule after she invoked the marital priv

  • State v. Lejeune

    Publication Date: 2003-02-21
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, and Thurbert E. Baker Jr., Attorney General, Atlanta, for the state. Brian Steel The Steel Law Firm PC, and August F. Siemon III, Atlanta, for Lejeune.
    for defendant:
    Case Number: S02A1277; S02A1346; S02A1349

    Police lacked probable cause to search defendant's vehicle that was legally parked in defendant's residential parking space when defendant and his girlfriend were arrested for suspected m

  • Yancey v. State

    Publication Date: 2002-11-15
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Yancey v. State

    Publication Date: 2002-09-27
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Aukerman v. Witmer

    Publication Date: 2002-07-26
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James L. Paul and Eric C. White Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Gary A. Barnes, Nancy E. Gordon Gambrell & Stolz LLP, Robert D. Feagin Decker & Hallman, Atlanta, and James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, for appellee.
    Case Number: A02A0077; A02A0716

    The plaintiff was not entitled to summary judgment on the defendants counterclaim for breach of fiduciary duty because there was some evidence that plaintiff engaged in unauthorized and unlawful acc

  • Hayes v. State

    Publication Date: 2002-04-26
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Candace K. Slezak, Decatur, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0022

    The defendant strangled the victim, burned her body and dumped it in a

  • Hayes v. State

    Publication Date: 2002-03-08
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael Mears, Multi-County Public Defender, Atlanta, and William R. Oliver, Cornelia, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1818

    The child hearsay statute governs the admissibility of a child's out-of-court hearsay statements, not the child's in-court test

  • Baker v. State

    Publication Date: 2001-12-21
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Andrea D. Allen, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1090

    The trial court erred in denying defendant's motion to exclude evidence obtained at a roadblock since the state failed to prove the legality of the roadblock as required under City of Indianapolis v

  • Head v. Ferrell

    Publication Date: 2001-11-02
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Beth A. Burton, Assistant Attorney General, Atlanta, for Head. Daniel Beck, Cambridge, Mass., Mark E. Olive, Tallahassee, Fla., for Ferrell. Amicus appellant: Emmet J. Bondurant Bondurant, Mixson & Elmore, Atlanta.
    for defendant:
    Case Number: S01A0840, S01X0842

    Defendant failed to proved that he was mentally retarded where his IQ tests registered 80 and 76 prior to his eighteenth birthday, his own expert concluded that he had an I.Q. of 87 and he scored a

  • Thomas v. State

    Publication Date: 2001-07-27
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gregory A. Hicks and James K. Luttrell, Woodstock, for Thomas. Carlton C. Carter, Canton, for Taborn. Patrick H. Head, District Attorney, Maria B. Golick, Dana J. Norman, Jack E. Mallard, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0146; S01A0321

    Evidence obtained by foreign police is generally admissible regardless of whether foreign authorities comply with the Fourth Amen