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  • Presley v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A2440

    Trial courts are required to consider alternatives to courtroom closure, even if no alternatives are pres

  • Adams v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rafe Banks III and Daisy D. Weeks, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, and Theodore G. Cassert, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: S10A1563

    Neither alleg nor proof of the defendant's age, was necessary to show his capacity for committing child molest and aggravated child molest

  • Brewington v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mawuli M. M. Davis The Davis Bozeman Law Firm PC, Decatur, for Brewington. Katrina L. Breeding, Norcross, for Gary Brown. Lloyd J. Matthews, Jonesboro, for Tyrone Brown. Tracy G. Lawson, District Attorney, Jason B. Green, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1857; S11A0017; S11A0018

    The defendant's right to a speedy trial was not violated, since the reasons for the delay included the actions of his trial counsel and his delay in asserting his right, and he failed to show prejud

  • Kemp v. Neal

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Thomas A. Nash Jr. Nash Law Firm PC, Savannah, for appellant.
    for defendant: Grady K. Reddick, Sylvania, and Brenda C. Youmas Edwards & Youmas LLC, Macon, for appellee.
    Case Number: S10A0724

    The Court may not rely on doctrinal concerns or ecclesiastical principles when deciding disputes between chu

  • Fair v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa

  • Santos v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2311

    The defendant's repeated refusal to keep his hands away from the pockets of his baggy clothes, his nervous demeanor, the presence of his two companions and the officer's knowledge of the pattern of

  • Smith v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sonya Smith. Samuel J. Harris, Cookeville, Tenn., for Joseph Smith. Patrick H. Head, District Attorney, John R. Edwards, Eleanor A. Dixon, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1281; S10A1282

    The evidence authorized the jury to conclude that the defendants committed non-felony acts of abuse that inadvertently led to their son's death as well as felony acts which could serve as the underl

  • Hilton v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1235

    The over 30-year delay between the commission of the crimes and the defendant's indictment did not violate defendant's due process rights because the state did not seek the defendant's indictment in

  • Brown v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: H. B. Edwards III Edwards & Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Tracy K. Chapman, Assistant District Attorney, Valdosta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1315

    Admission of the victim's hearsay statements to her mother and a friend regarding the defendant's prior physical abuse did not violate the defendant's confrontation right, since the statements were

  • Boykins v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A10A1182

    An officer's search of the passenger compartment of the defendant's vehicle was valid under Arizona v. Gant, 556 U. S.__ 129 SC 1710 2009, because the defendant was standing outside of his vehicle,