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  • Pulley v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0786

    A police chief's comment that the defendant had only one chance to cut a deal did not induce the defendant's confession under the totality of the circumstances, even if the statement constituted an

  • Green v. State

    Publication Date: 2012-06-29
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0853

    Slight differences in the size, shading or clarity of photographs used in an identification line-up do not render a line-up impermissibly sugge

  • Hill v. State

    Publication Date: 2012-02-10
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    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
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    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

  • Pierce v. State

    Publication Date: 2011-10-28
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    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

  • Sanders v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: . Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0729; S11A0947

    Extensive expert medical testimony regarding the condition of the 6-week-old victim, whose vegan parents fed him only soy milk and apple juice and who weighed 3 1/2 pounds when they brought him to t

  • Wheeler v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: S10G2071

    The defendant's second statement requesting an attorney, in which he stated that, based on the seriousness of the charges, he needed to discuss it with a lawyer before talking to police, was not am

  • Collier v. State

    Publication Date: 2011-03-18
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, 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: S11A0050

    Any error in the trial court's jury charge on impeachment of a witness by his or her conviction on a drug offense was harmless in light of the jury instruction as a whole, which made plain that the

  • Weaver v. State

    Publication Date: 2011-02-18
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Timothy L. Eidson, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cordele, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0113

    Under the circumstances, the trial court did not abuse its discretion in proceeding with the trial in the defendant's absence after he was removed from the courtroom for disruptive beh

  • Brown v. State

    Publication Date: 2010-11-12
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    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