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  • Jones v. State

    Publication Date: 2012-03-09
    Practice Area:
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    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

  • Adams v. State

    Publication Date: 2010-07-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Robert L. Persse, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Daphne H. Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: S09G1927

    The presumption of vindictiveness in North Carolina v. Pearce, 395 U. S. 711 1969, whenever more a severe sentence is imposed, after a new trial, is not triggered, unless the new aggregate sentence

  • Wells v. State

    Publication Date: 2006-10-27
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Brooks S. Franklin Franklin & Hubbard and Sandra L. Michaels, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A1488

    Absent a proffer, the defendant could not show that his trial counsel were deficient for failing to request a continuance to locate potential exculpatory witn

  • Silvers v. State

    Publication Date: 2004-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ramon J. Fajardo, Albany, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0800

    Defendant could not show prejudice from his counsel's decision to waive his presence at the Jackson-Denno hearing since the hearing did not result in the admission of any harmful evidence at

  • Walker v. Houston

    Publication Date: 2003-11-21
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Madonna M. Heinemeyer and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Freddie Houston, Oglethorpe, proceeded pro se.
    Case Number: S03A1392

    The defendant did not show that he was prejudiced by his counsel's failure to make a meritless objection object to the introduction of evidence that defendant committed a similar robbery in Fl

  • Fairclough v. State

    Publication Date: 2003-05-30
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Rosemary Brewer, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0213

    Defense counsel's decision to present a justification defense was a matter of trial t

  • Wright v. State

    Publication Date: 2003-03-21
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith and Ruth M. Pawlak, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1890

    The defendant fatally shot the unarmed victim as the victim fled behind his grandfather's

  • Smith v. State

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1785

    The evidence showed that the defendant committed the felonies underlying his murder conviction while acting in concert with the actual sh