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  • Gandy v. State

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John G. Wolinski, Hahira, for appellant. J. David Miller, District Attorney, Valdosta, Brian A. McDaniel, Assistant District Attorney, Moultrie, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0807

    The trial court did not abuse its discretion in failing to declare a mistrial when the defendant's co-indictee testified on redirect that he took a polygraph test, as the comment was unsolicited by

  • Mitchell v. State

    Publication Date: 2011-11-18
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven A. Miller, Summerville, for Mitchell. Lance D. Dutton Public Defender's Office, Cartersville, for Dawson. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A0901; A11A0902

    One defendant did not show that his counsel was ineffective in also representing the other, as he failed to establish that counsel actively represented conflicting inte

  • Ardis v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bobby E. Hutson Jr., Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Marc A. Mallon, Senior Assistant District Attorneys, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1526

    Although the introduction of the non-testifying co-defendant's lengthy custodial statement, which was redacted to eliminate the defendant's name, violated the defendant's Sixth Amendment confrontati

  • Miller v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Tonya Miller. Henry A. Hibbert Cromwell & Hibbert, Atlanta, for Jabaris Miller. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Clinton K. Rucker, Chief Senior District Attorney, Marc A. Mallon, Lenny I. Krick, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0752; S11A0914

    The trial court violated the def 's confrontation right when it allowed a judge to testify to the contents of two petitions for temporary protective injunctions previously filed against the de

  • Rafi v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elizabeth V. Rogan, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1114

    The state did not violate the defendant's constitutional right to a speedy trial, despite the presumptively prejudicial 9-year delay between his arrest and trial, because the delay was primarily due

  • State v. Woods

    Publication Date: 2011-09-16
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    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Kenya K. Johnson, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Larry D. Wolfe and Dennis C. Francis Jr., Atlanta, for appellees.
    Case Number: A11A1199

    Both defendants had a reasonable expectation of privacy in the motel room in question and the safe where police found crack co

  • Keaton v. State

    Publication Date: 2011-08-05
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James B. McGee III McGee & McGee, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Michelle C. McIntire, Assistant District Attorney, Waycross, for appellee.
    Case Number: A11A0566

    Georgia's stalking laws were drafted to protect people, not places, and the interim order, upon which the state relied to convict the defendant, kept the defendant from the victim's home and only in

  • Koldewey v. State

    Publication Date: 2011-07-29
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert L. Crowe, Brunswick, for appellant.
    for defendant: Jacquelyn L. Johnson, District Attorney, and David A. Peterson District Attorney's Office, Brunswick, for appellee.
    Case Number: A11A0190

    The purpose of defendant's threats against a was for diagnosis and treatment at a mental health facility and not for the purpose of terrorizing the

  • 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

  • Howard v. State

    Publication Date: 2011-03-04
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    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, and Benjamin Von District Attorney's Office, Douglasville, for appellee.
    Case Number: A10A2208

    Under the circumstances, including the complexity of a multi-defendant RICO indictment, 42-month delay did not violate the defendant's constitutional right to a speedy