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  • State v. Benton

    Publication Date: 2004-10-29
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Daniel M. Hirsh and Robert M. Coker, Assistant District Attorneys, Decatur, for appellant.
    for defendant: Jonathan R. Melnick, Atlanta, for appellee.
    Case Number: S04G0153

    Generally, a jury's recommendation of leniency is mere surplusage, which does not affect the validity of a ve

  • Moore v. State

    Publication Date: 2004-10-08
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    Court: Supreme Court
    Judge: Benham, Robert
    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, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0703

    Defendant failed to meet his burden of showing ineffectiveness of trial co

  • Al-Amin v. State

    Publication Date: 2004-06-04
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John R. Martin Martin Bros. PC, Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Anna E. Green, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0151

    The surviving victim identified the defendant as the man who opened fire on two deputy sheriffs who were attempting to execute a bench warrant for his a

  • Alwin v. State

    Publication Date: 2004-05-07
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maureen O. Floyd Fleming, Jackson, Ingram & Floyd PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Heinemeyer, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1133

    The victims testified at the new trial hearing that no member of the defendant's jury was present in the courtroom during his co-defendant's guilty

  • Wyman v. State

    Publication Date: 2004-04-30
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0591

    The trial court was prohibited from participating in the plea negotiation process and lacked authority to accept a different plea so the trial court did not err in refusing to allow the defendant t

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Duke v. Bachner

    Publication Date: 2004-03-19
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . John A. Gilleland Love Willingham Peters Gilleland Monyak, Atlanta, for appellee. Other party representation: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A2293

    An assisting physician is not required to obtain the patient's consent prior to assisting in a su

  • State v. Varner

    Publication Date: 2003-12-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker and Bret E. Pinion, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: D. Todd Wooten, Atlanta, for appellee.
    Case Number: S03A0936

    The state meets its obligation under the speedy trial demand statute so long as it retries a case that ends in mistrial during the remainder of the term in which the mistrial occurred or, if there a

  • Meadows v. State

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for Meadows. Charles C. Flinn Carnesale & Deland, Decatur, for Thomas. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A03A1582; A03A1583

    The trial court should not have admitted the first defendant's inculpatory pretrial statement because he did not testify and was not available for cross-examin

  • In the Interest of M. M.

    Publication Date: 2003-10-10
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: in A03A1174. Lisa J. Allen, APO, AE, for appellant in A03A1175. Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Walter G. Sammons Jr., Warner Robins, for appellee. Other party representation: Jon A. Nixon, Warner Robins.
    Case Number: A03A1174; A03A1175

    The evidence did not support termination of the mother and father's parental rights where there was no evidence of continuing domestic abuse and both parents cooperated with DFACS, maintained stable