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  • 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

  • Moon v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for Moon. Edward D. Tolley and Ronald E. Houser Cook, Noell, Tolley & Bates LLP, Athens, for Martin. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1668; S10A1671; S10A1672

    The trial court did not err in denying the first defendant's motion to sever his trial from that of the second defendant, since there was no likelihood of confusion by the jury as to the evidence an

  • Teasley v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1538

    The trial court improperly sentenced the defendant to a 3-year sentence for being a party to the crime of tampering, since the co-defendant, who directly committed the crime, could be guilty only of

  • Clemons v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Kevin R. Majeska, Assistant District Attorney, Thomson, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1935

    The defendant volunteered that he shot the victim, because she meddled in his mar

  • Miller v. Miller

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Tamar O. Faulhaber Vernis & Bowling of Atlanta LLC, Atlanta, for appellant.
    for defendant: Gary P. Graham Stern & Edlin, Atlanta, for appellee.
    Case Number: S10F1703, S10A1707

    No inference of guilt can be drawn from a privileged refusal to testify in a criminal

  • 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

  • Linson v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Julianne W. Holliday, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Monique L. Kirby, Assistant District Attorney, LaGrange, Timothy M. Marlow, Assistant District Attorney, Greenville, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1225

    The trial court erred in convicting the defendant of both felony and malice murder in the death of her 16-month-old son, since there was but a single v

  • Whitus v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, Dana J. Norman, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1133

    The psychologist, who testified at the new trial hearing, did not evaluate the defendant and was unable to offer any opinion contrary to the court-appointed psychiatrist's opinion that the defendant

  • Turner v. State

    Publication Date: 2010-10-01
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ronald J. Ellington Virgil L. Brown & Associates, Zebulon, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1063

    The defendant admitted that he fatally shot his

  • Heard v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0866

    Evidence showed that the 15-year-old defendant voluntarily and knowingly waived his Miranda rights, before giving his custodial stat