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  • The People Of The State Of New York v. Levaughn Mcarthur

    Publication Date: 2014-01-03
    Practice Area:
    Industry:
    Court: SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION, FOURTH DEPARTMENT
    Judge: J.P., Fahey, Carni, Valentino, And Whalen, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12-01364

    Linda M. Campbell, Syracuse (Shirley A. Gorman Of Counsel), For Defendant-Appellant.William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White Of Counsel), For Respo

  • Sears v. Humphrey

    Publication Date: 2013-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert P. Edwards Jr, Jarrod F. Loadholt, and Katheryn E. Klimko Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Sabrina D. Graham, and Mitchell P. Watkins, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S13A0670

    It was not reasonably likely that the new mitigating evidence presented in the defendant's habeas proceedings would have resulted in a different trial outcome other than his death sen

  • The People Of The State Of New York v. Jason A. Cade

    Publication Date: 2013-10-24
    Practice Area:
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    Court: SUPREME COURT, APPELLATE DIVISION THIRD DEPARTMENT
    Judge: J.P., McCarthy, Spain and Egan Jr., JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 103443

    Richard E. Cantwell, Plattsburgh, for appellant, and appellant pro se.Weeden A. Wetmore, District Attorney, Elmira, for respondent.Egan Jr., J.Appeal from a judgment of t

  • Norfolk S. Ry. Co. v. Zeagler

    Publication Date: 2013-09-26
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: John S. Stewart and Amanda R. Smith Hall, Bloch, Garland & Meyer LLP, Macon, for appellant.
    for defendant: Amicus Appellant: Christopher R. Jordan and Randall A. Jordan The Jordan Firm, St. Simons Island. Darl H. Champion Jr., Michael J. Warshauer, Douglas C. Dumont, and Lyle G. Warshauer Warshauer Law Group PC, Atlanta, for appellee. Amicus Appellee: John A. Harp, Jefferson C. Callier Harp & Callier LLP, Columbus, and Jeffrey R. White Center for Constitutional Litigation PC, Washington, District of Columbia.
    Case Number: S12G2031

    A railway company was not entitled to summary judgment in a conductor's suit for injuries arising from a grade-crossing coll

  • Norton v. State

    Publication Date: 2013-07-03
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine T. Parvis, Assistant Attorney General, Atlanta, and Christa L. Kirk The Ryczek Firm PC, Lawrenceville, for appellee.
    Case Number: S13A0301

    The fact that the defendant may have been somewhat intoxicated at the time of his custodial interview did not automatically render the evidence thereof inadmissible and some evidence showed that he

  • Boothe v. State

    Publication Date: 2013-07-03
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III Public Defender's Office, McDonough, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Frances C. Kuo, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Jason B. Green, Assistant District Attorneys, Jonesboro, Elizabeth A. Baker, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0042

    Any potential error in the admission of photocopies of police sketches, rather than the original sketches, was harmless in light of the other evidence of the defendant's

  • Jackson v. State

    Publication Date: 2013-03-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A2083

    The evidence supported the defendant's convictions arising from the shooting of his girlfriend and the burning of her body inside her vehicle to conceal her

  • Muhammad v. State

    Publication Date: 2012-05-04
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Richard R. Read, District Attorney, Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0180

    In the defendant's trial for the murder of his estranged wife, the trial court did not abuse its discretion in admitting similar transaction evidence of the defendant's prior arson conviction for bu

  • Adel v. State

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1397

    The trial court properly admitted testimony elicited from the roommate of the victim's acquaintance regarding his direct observations about the acquaintance's whereabouts around the time of the m

  • Walker v. State

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha