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  • Brodes v. State

    Publication Date: 2005-07-01
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard, District Attorney, Alvera A. Wheeler and Anne E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: S04G2101

    Reliability of an eyewitness's identification can be negatively impacted by stress or violence, so trial courts are advised to refrain from informing jurors that they may consider a witness's level

  • Ford Motor Co. v. Lawrence

    Publication Date: 2005-05-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frank F. Middleton IV Watson, Spence, Lowe & Chambless LLP, Albany, Charles K. Reed, James B. Manley Jr., Jill C. Kuhn McKenna, Long & Aldridge LLP, William D. Barwick, Deborah M. Danzig and Carla W. McMillian Sutherland,, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: George W. Fryhofer III, James E. Butler Jr., Gregory R. Feagle Butler, Wooten, Overby, Fryhofer & Daugherty, Atlanta, Andrew J. Hill III Blasingame, Burch, Garrard, Bryant & Ashley, Andrew H. Marshall Begnaud & Marshall LLP, William C. Berryman Jr., Athens, and Alexander T. Galloway III Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: S05A0900

    Neither mandamus nor prohibition is an available remedy to seek review of a trial court's ruling, which is subject to appellate review, because the availability of judicial review is an adequate leg

  • Reed v. State

    Publication Date: 2005-03-17
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John T. Strauss, Covington, for appellant. William K. Wynne Jr., District Attorney, Covington, Marcy H. Gonzalez, James P. Blum Jr., Assistant District Attorneys, Monroe, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1511

    The state had gender-neutral reason's for striking two prospective male j

  • Wallace v. State

    Publication Date: 2005-02-18
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Maurice Brown, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0161

    A witness's testimony about a conversation her boyfriend had with the defendant on the afternoon after the murder was admissible as an adoptive admission, since the defendant affirmatively acknowled

  • Kemp v. Simpson

    Publication Date: 2004-10-08
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Karriem Simpson, Stone Mountain, proceeded pro se.
    Case Number: S04A1358

    Regardless of defendant's contention that he is only the victim's step-uncle, he admitted that he was the victim's uncle as alleged in the indictment when he pled guilty to the crime of i

  • Wilson v. State

    Publication Date: 2003-10-03
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex

  • Harrell v. State

    Publication Date: 2002-10-11
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William D. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Justo C. Cabral III, Assistant District Attorney, Valdosta, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1099

    The trial court's error, if any, in incorrectly informing the defendant that he could seek a review of his sentence for malice murder had no impact on the defendant's decision to enter his plea bec

  • Brown v. State

    Publication Date: 2001-07-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: S00G1809

    Police report narratives are not admissible under the business re exception to the hearsay rule because they do not have the inherent reliability of other traditional business re

  • Gibson v. State

    Publication Date: 2000-10-13
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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: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0790

    The trial court's inquiry into the numerical division of the deadlocked did not violate the defendant's right to a fair and impartial

  • Bergeson v. State

    Publication Date: 2000-05-19
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: David M. Rosenberg and David E. Ralston, Blue Ridge, for appellant.
    for defendant: Roger G. Queen, District Attorney, William B. Britt, Assistant District Attorney, Ellijay, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0046

    The trial court was not required to sequester the jury during the defendant's murder trial, because the state did not seek the death pe