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  • Sosniak v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles G. Haldi Jr. Ashway & Haldi LLP, and William A. Finch, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0799

    Callaway v. State, 275 Ga. 332 2002, and Boseman v. State, 263 Ga. 730 1994, were overruled to the extent that they held that the denial of a pre-trial constitutional speedy trial claim may be direc

  • Toomer v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Nicholas E. Deeb, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0976

    The Court disapproved of Division 5 of Walton v. State, 267 Ga. 713 1997, to the extent that it suggested that an appellate court is prohibited from considering a proponent's race-neutral explanatio

  • Johnson v. State

    Publication Date: 2012-11-01
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1149

    Since the court returned guilty verdicts on both alternative counts of malice and felony m operation of O.C.G.A. § 16-1-7 vacated the defendant's life sentence for felony m

  • Nicely v. State

    Publication Date: 2012-11-01
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Adam S. Levin, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, Wanda L. Vance, Assistant District Attorney, Gainesville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0876

    Evidence that the defendant fled from the scene before paramedics arrived and told inconsistent stories about how the 1-year-old victim was injured while in his care, as well as the child's injuries

  • Woods v. State

    Publication Date: 2012-11-01
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: Catherine H. Helms, District Attorney, Nashville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1143

    Since the legal concept of justification is a necessary component of the delusional compulsion d , the trial court reversibly erred in omitting the defendant's orally requested charge on self-

  • Powell v. State

    Publication Date: 2012-10-19
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Long D. Vo and Tyler R. Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy 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: S12A1311

    The prosecutor's improper remarks did not form a basis for reversal as trial counsel failed to raise an objection at trial, and a trial judge has no obligation under OCGA § 17-8-75 to rebuke a pros

  • Leger v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0833

    The Supreme Court affirmed the defendant's convictions for malice murder and aggravated battery in connection with the death of his estranged wife, as the evidence supported

  • Appleton v. Alcorn

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Hungeling, Atlanta, for appellant.
    for defendant: Mark B. Bullman Glaser Currie & Bullman LLP, Atlanta, for appellees.
    Case Number: S11G1145

    ERISA does not preempt state law claims against the beneficiary of funds already distributed from an ERISA

  • Padidham v. State

    Publication Date: 2012-05-11
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James K. Sullivan and Robert W. Chestney Chestney Law Firm, Atlanta, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, and Karen M. Seeley, Assistant Solicitor General, Lawrenceville, for appellee.
    Case Number: S11G1808

    The state's failure to immediately inform a DUI defendant of the results of the state-administered breath test does not create a situation where the defendant is left with no, or so little, informat

  • Barker v. Barrow

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Mathew M. Lubozynski, J. Henry Walker IV and John P. Jett Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1609

    Trial counsel was not deficient in failing to inquire into and challenge the prior guilty pleas upon which the defendant's recidivist sentence was predi