Filter This View

  • Jones v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert M. Bearden Jr., Macon, for appellant.
    for defendant: Gregory W. Winters, District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0040

    Trial counsel was not ineffective in failing to raise constitutional challenges to the mandatory minimum sentence of 25 years imprisonment without parole for kidnapping a victim less than 14 year

  • Walker v. Hagins

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert L. Hagins, Sparta, proceeded pro se.
    Case Number: S11A1970

    The defendant failed to meet his burden of showing prejudice from his appellate counsel's alleged deficiency in not ensuring that the transcript of the hearing on the defendant's motion to dismiss t

  • Neal v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Roger C. Wilson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1663

    The trial court did not abuse its discretion in admitting similar transaction evidence involving the defendant's ex-wife and which occurred a decade or more before the victim's

  • Hill v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1914

    The officer's testimony that the defendant declined an opportunity to make a written statement did not constitute an impermissible comment on the defendant's invocation of the right to si

  • Wilkie v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert H. Citronberg and Michael D. Mann, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick and Brett E. Pinion, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1463

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the 5.5-year delay in bringing the defendant to trial was insufficient to establish a violation of

  • Gandy v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    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

  • Pierce v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jason Pierce, Oglethorpe, proceeded pro se. Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1232

    O.C.G.A. § 17-10-32.1 applied to defendant's 1999 crimes and that statute required a finding of at least one statutory aggravating circumstance to sentence a defendant to life without parole in case

  • Walden v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0722

    The evidence supported the defendant's convictions for cruelty to children, as the jury was authorized to conclude that the presence of the victim's covered, unembalmed corpse in the home of the min

  • Handley v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant. 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 Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0943

    Defense counsel was not deficient for failing to object to a witness's assertion of his own credib

  • Elvie v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer M. Daniels, Decatur, for appellant. Daniel J. Porter, District Attorney, John A. Warr, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0918

    The trial court did not violate Edge v. State, 261 Ga. 865 1992, because it instructed the jury that before returning a verdict of guilty as to malice or felony murder it had to first determine whet