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  • PEOPLE, res, v. WILLIAM WALSH, def-ap

    Publication Date: 2012-12-31
    Practice Area:
    Industry:
    Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    Judge: Andrias, J.P., Sweeny, Catterson, Moskowitz, Manzanet-Daniels, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 8186

    8186. PEOPLE, res, v. WILLIAM WALSH, def-ap — Center for Appellate Litigation, New York (Robert S. Dean of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (All

  • Ellington v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl P. Greenberg, Gladys H. Pollard Capital Defender's Office, Atlanta, and David W. DeBruin Jenner & Block LLP, District of Columbia, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Donald P. Geary, Daniel J. Quinn, Assistant District Attorneys, Decatur, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Theresa M. Schiefer, and Dana E. Weinberger, Assistant Attorneys General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, Franklin J. Hogue Hogue & Hogue LLP, Macon, and J. Scott Key, Decatur. Other party representation: Brian Kammer Georgia Resource Ctr. and Richard A. Malone Prosecuting Attorney's Council, Atlanta.
    Case Number: S12P0870

    The trial court abused its discretion in precluding voir dire questioning of prospective jurors as to whether they would automatically impose the death penalty, rather than fairly considering all th

  • Sears v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, David E. Perry, Chief Assistant District Attorney, Reginald C. Martin District Attorney's Office, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1211

    The trial court erred in failing to merge the defendant's aggravated assault conviction with his felony murder conviction, as the aggravated assault conviction was the predicate felony of the greate

  • Everett v. Norfolk S. Ry. Co.

    Publication Date: 2012-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael J. Warshauer, Lyle G. Warshauer, and Douglas C. Dumont Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: Laura S. Morris, William C. Thompson Weissman, Nowack, Curry & Wilco PC, Atlanta, Ralph G. Wellington, and Nancy Winkelman Schnader Harrison Segal & Lewis LLP, Philadelphia, Pa., for appellee.
    Case Number: S12G0729

    The Court found that no underlying factual conflict existed for the jury to resolve regarding the trial court's legal decision that a train engineer was within the zone of danger of a train derailme

  • McLean v. State

    Publication Date: 2012-11-08
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Darrell B. Reynolds Sr., Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Tiffany C. Boulware, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0930

    The trial court did not violate the defendant's Sixth Amendment Confrontation Right in allowing an officer to testify about the co-defendant's statement, since nothing in the complained-of statement

  • Nicely v. State

    Publication Date: 2012-11-01
    Practice Area:
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Adam S. Levin, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, Wanda L. Vance, Assistant District Attorney, Gainesville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0876

    Evidence that the defendant fled from the scene before paramedics arrived and told inconsistent stories about how the 1-year-old victim was injured while in his care, as well as the child's injuries

  • Ehlers v. Upper W. Side LLC

    Publication Date: 2012-11-01
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Tyler C. Dixon Raiford & Dixon LLP, and Janet Litt Federal & Hasson LLP, Atlanta, for appellant.
    for defendant: Leon A. Van Gelderen, Atlanta, and Kennon Peebles Jr., Buford, for appellees.
    Case Number: S12A0947

    The 7-year statute of limitation period applicable to reformation actions did not bar the appellee's suit seeking to reform a deed, which mistakenly described an 8-acre tract of land located in Fult

  • Barrett v. State

    Publication Date: 2012-10-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Christopher M. Foss, Assistant District Attorney, Hiawassee, John R. Martin, and Sandra L. Michaels Martin Brothers PC, Atlanta, for appellant.
    for defendant: William J. Langley, District Attorney, Blairsville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee. Other party representation: Brian Kammer Georgia Resource Center and Richard A. Malone Prosecuting Attorney's Council, Atlanta.
    Case Number: S12P0710

    The defendant's death sentence for brutally beating and shooting the victim was not disproportionate within the meaning of Georgi

  • Burke Cnty. v. Askin

    Publication Date: 2012-10-19
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Barry A. Fleming and Frank A. Nelson Fleming & Nelson LLP, Evans, for appellant.
    for defendant: . Thomas R. Burnside III and James W. Ellison Burnside Wall LLP, Augusta, for appellees.
    Case Number: S12A0649; S12X0650

    The Court vacated and remanded the trial court's order granting the property owner's mandamus action to compel the County to repair and maintain certain roads inasmuch as it granted relief under the

  • Doyle v. State

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Richard M. Darden Darden Law Firm, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Thomas M. Cerbone, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1036

    The defendant's 14-year-old brother identified him as the gunman, who shot through a door at a return-to-college party in Savannah four times, wounding three victims, one of them fa