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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
    Practice Area:
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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

  • Crosson v. Conway

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Maureen C. Crosson, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Teresa B. Klein District Attorney's Office, Lawrenceville, for appellee. Neutral Amicus: J. David Miller, District Attorney Prosecuting Atty's Council of Ga., Gary D. Bergman Prosecuting Atty's Council of Ga., Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta.Attorneys
    Case Number: S12A0328

    Hicks v. Scott, 273 Ga. 358 2001 is overruled, and compliance with the procedural requirements of O.C.G.A. § 9-14-52 is required for appellate jurisdiction over all habeas peti

  • Chance v. State

    Publication Date: 2012-06-22
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Katherine M. Mason Public Defender's Office, Augusta, for appellant.
    for defendant: Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0684

    The trial court erred in sentencing the defendant for both felony murder and the underlying of

  • Whitaker v. State

    Publication Date: 2012-06-08
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Arkesia S. Jenkins District Attorney's Office, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0640

    The 10-year delay between trial and appeal did not violate the defendant's due process rights by preventing him from raising appellate issues, since trial counsel remembered sufficient details to r

  • Glover v. State

    Publication Date: 2012-06-08
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: William M. Ermine, Macon, for appellant.
    for defendant: Gregory W. Winters, District Attorney, Dorothy V. Hull, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0682

    The 10-year delay in resolving the defendant's motion for a new trial did not violate due process because the defendant did not vigorously assert his appellate rights and did not show prej

  • Hill v. State

    Publication Date: 2012-06-08
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Bernard S. Brody, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0948

    Trial counsel was not ineffective for failing to cause a defense witness to testify at trial because the witness's prior test contradicted the defendant's test

  • Rockholt v. State

    Publication Date: 2012-05-11
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Steven A. Miller Palmour Law Firm, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0638

    The evidence supported the defendant's convictions for malice murder and possession of a firearm during the commission of a f

  • Reed v. State

    Publication Date: 2012-05-04
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Kathryn O. Fallin, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0443

    The trial court did not abuse its discretion in admitting similar transaction evidence showing that the defendant struck a past girlfriend with a stick during an arg

  • Tampa Inv. Group Inc. v. Branch Banking and Trust Co. Inc.

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John D. Dalbey, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever LLP, Eugenia W. Iredale and Steven M. Kushner Fellows LaBriola LLP, Atlanta, for appellant.
    for defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: S11G1728; S11G1729

    Although the guaranties at issue did not individually and specifically identify the debt guaranteed, the plain meaning of their language showed that the obligations had no temporal limitation and ap