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  • Walker v. State

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Edward W. Clary, St. Marys, and Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Leslie K. DeVooght, Assistant District Attorney, Brunswick, George C. Turner Jr., Assistant District Attorney, Woodbine, Thurbert E. Baker, Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee. Other party representation: Holly L. Geerdes, Georgia Capital Defender, Thomas H. Dunn Georgia Resource Ctr., and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S06P0992

    The state's failure to include the statutory aggravating circumstances in its notice of intent to seek the death penalty was harmless, since one of the statutory circumstances on which the state rel

  • Upchurch v. Smith

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Deanna H. Powell, Atlanta, for appellant.
    for defendant: Matthew D. Gansereit Allen, Kopet & Boyd PLLC, Atlanta, for appellee.
    Case Number: S06A1099

    Jurisdiction over the appellant's petition to modify child custody was in ounty, despite the mother's move to California with the children, since it was undisputed that the children resided in

  • White v. State

    Publication Date: 2006-10-13
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Charles C. Flinn Carnesale, Delan & Flinn LLC, and Gerard B. Kleinrock, Decatur, for appellant.
    for defendant:
    Case Number: S06A0843

    The trial court harmlessly erred in charging on a witness's level of certainty in identifying the defendant, since other evidence, including the defendant's admission that he shot the victim suppor

  • Peterson v. State

    Publication Date: 2006-09-29
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Leonora Grant, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0664

    The defendant initially told police that his 15-year-old girlfriend was fatally shot in a drive-by sho then blamed a family acquaintance, before finally taking responsibility for the sho

  • King v. Brown

    Publication Date: 2006-07-28
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Albert B. Wallace and Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Charles J. Driebe, Keith C. Martin Driebe & Driebe PC, Jonesboro, and Howard P. Wallace Howard, Pelham & Wallace PC, Griffin, for appellee.
    Case Number: S06A0842

    The jury was authorized to draw its own conclusion regarding the extent of the decedent's lucidity or incapacity after viewing a videotape of the decedent's

  • McGahee v. Rogers

    Publication Date: 2006-07-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellant.
    for defendant: David S. Walker Jr., Snellville, for appellee.
    Case Number: S06A0885

    The trial court erred in ruling that certain debts the husband was required to assume pursuant to his property settlement agreement with wife were not dischargeable in husband's bankruptcy action, s

  • Jones v. Jones

    Publication Date: 2006-07-21
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert S. Stubbs III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Robert J. Grayson Edwards, Friedewald & Grayson, Marietta, for appellee.
    Case Number: S06A0388

    The father waived his right to seek downward modification of alimony in form of child support below a pre-determined $1,657.68 per month "floor am

  • Widner v. State

    Publication Date: 2006-07-07
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S06A0443; S06A1547

    Burchette v. State, 278 Ga. 1 2004, disapproving Allen charges such as the one give in this case, postdated defendant's trial and was not retroa

  • Sims v. State

    Publication Date: 2006-06-30
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sanford A. Wallack, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0189

    The defendant shot the murder victim multiple times and a bullet from the defendant's gun hit the aggravated assault victim, paralyzing her from the waist

  • State v. Johnson

    Publication Date: 2006-06-02
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Garry T. Moss, District Attorney, and Scott T. Poole, Assistant District Attorney, Canton, for appellant.
    for defendant: Stacy D. Barnett, Canton, for appellee.
    Case Number: S05G1928

    The trial court was not required to charge the jury on equal access to the 12 grams of cocaine officers found in the defendant's vehicle, since the jury was never instructed on any presumption of po