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  • Wilkie v. State

    Publication Date: 2012-01-13
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert H. Citronberg and Michael D. Mann, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick and Brett E. Pinion, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1463

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the 5.5-year delay in bringing the defendant to trial was insufficient to establish a violation of

  • Rector, Wardens and Vestrymen of Christ Church in Savannah v. Bishop of the Episcopal Diocese of Georgia Inc.

    Publication Date: 2011-12-09
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Neil A. Creasy Simpson & Creasy PC, and Paul W. Painter Jr. Ellis Painter Ratterree & Adams LLP, Savannah, for appellants. James L. Elliott Elliott, Blackburn & Gooding PC, Valdosta, Thomas A. Withers Gillen, Withers & Lake LLC, Savannah, and Mary E. Kostel The Episcopal Church/Goodwin Procter LLP, Washington, D.C., for appellees. Amicus Appellant: Hugh B. McNatt McNatt, Greene & Peterson, Vidalia, David H. Gambrell, John Hinton IV Baker Donelson Bearman Caldwell & Berkowitz PC, Atlanta, John E. Tomlinson, Loganville, and Joshua D. Hawley The Becket Fund for Religious Liberty, Washington, D.C. Amicus Appellee: Jon V. Forehand Allen, Forehand & Adams LLP, Moultrie, Brenda C. Youmas Edwards & Youmas LLC, W. Warren Plowden Jr. Jones Cork & Miller LLP, Macon, William B. Marianes McGuireWoods LLP, and Nicholas C. Moraitakis Moraitakis, Kushel, Pearson & Gardner LLP, Atlanta.
    for defendant:
    Case Number: S10G1909

    Neutral principles of law established that the c property at issue was held in trust for the benefit of the parent c

  • Lytle v.State

    Publication Date: 2011-12-09
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: C. Samuel Rael, Atlanta, for appellant. Anne C. Allen, Assistant District Attorney, Carrollton, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1226

    No evidence showed an actual conflict in representation solely because the same public defender's office represented multiple co-indi

  • 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