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  • Pierce v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason Pierce, Oglethorpe, proceeded pro se. Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1232

    O.C.G.A. § 17-10-32.1 applied to defendant's 1999 crimes and that statute required a finding of at least one statutory aggravating circumstance to sentence a defendant to life without parole in case

  • Darville v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0993

    The defendant's conviction for conspiracy to violate the Georgia Controlled Substances Act was reversed, as the language in the indictment at issue could be read to charge individuals with conspirac

  • Williams v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Assoc. LLC, Jennifer S. Hanson, Bruce S. Harvey and K. Julie Hojnacki, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Mary K. Ware, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A0766

    Although the defendant argued that the only evidence supporting his convictions was the uncorroborated testimony of an accomplice, the witness at issue was not an accomplice to murder and the other

  • Sanders v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: . Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0729; S11A0947

    Extensive expert medical testimony regarding the condition of the 6-week-old victim, whose vegan parents fed him only soy milk and apple juice and who weighed 3 1/2 pounds when they brought him to t

  • Payne v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Bryan P. Tyson Strickland Brockington Lewis LLP, Atlanta, for appellant.
    for defendant: Louie C. Fraser, District Attorney, Robert B. Faircloth District Attorney's Office, Dublin, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0818

    Evidence that the defendant shot the victim from at least 18-24 inches away and the absence of evidence that the victim was armed or that he confronted the defendant with a weapon, authorized the ju

  • Haley v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kristin i. Jordan and Brett M. Willis Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, , Jennifer D. Hart, Conley J. Greer, Assistant District Attorneys, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Joseph M. Beck, William A. Pequignot Kilpatrick Stockton LLP, Emmet J. Bondurant Bondurant, Mixson & Elmore LLP, John F. Gelzer III Garland, Samuel & Loeb and Sidney L. Moore III Troutman Sanders LLP, Atlanta.
    Case Number: S11A0606

    In the catchmekiller" case, the state failed to prove specific intent to support the defendant's conviction for tampering with evidence with intent to prevent apprehension and obstruct prosecution o

  • Wheeler v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: S10G2071

    The defendant's second statement requesting an attorney, in which he stated that, based on the seriousness of the charges, he needed to discuss it with a lawyer before talking to police, was not am

  • Hampton v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Timothy L. Eidson, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0585

    A conviction for hindering the apprehension of a criminal is equivalent to the common law of being an accessory after the fact and a party may not be convicted of being both a principal to th

  • Boatright v. State

    Publication Date: 2011-07-08
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Allen M. Trapp Jr., placeCityCarrolltonfor appellant. Fred A. Lane Jr., District Attorney, Anthony Volkodav Jr., Paul E. Hemmann, Eric K. Dunaway, Assistant District Attorneys, Dallas, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0287

    The trial court did not err by failing to instruct the jury on mutual combat because no evidence showed a mutual intention to

  • In the Matter of Chalmer E. Detling II

    Publication Date: 2011-06-10
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Gene Chapman Cohen, Cooper, Estep & Allen LLC, Atlanta. Paula J. Frederick, General Counsel, and Kellyn O. McGee, Assistant General Counsel State Bar of Georgia, Atlanta. Anthony B. Askew, Chairperson Review Panel, Atlanta.
    for defendant:
    Case Number: S11Y1007

    The Court accepted an attorney's petition for voluntary discipline requesting a Review Panel repr