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  • Abston v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Frank M. Pennington II, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0877

    The defendant had the v s blood on his jeans and boots, and the defendant had a motive and opportunity to kill the v

  • Gamble v. State

    Publication Date: 2012-09-14
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Atlanta, for appellee.
    Case Number: S12A1223

    The trial court's Allen charge was not impermissibly coercive, regardless of the fact that the trial court gave the charge after 2.5 hours of deliberation and the jury returned a verdict less than

  • Cartwright v. State

    Publication Date: 2012-09-14
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, William D. Hocutt IV, Senior Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0686

    A defendant failed to prove his ineffective assistance of counsel claims in his trial for felony murder and a firearms of

  • Brine v. Shipp

    Publication Date: 2012-07-20
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Angela A. Woodall, Hiram, for appellant.
    for defendant: William T. Cable Jr. Talley, Richardson & Cable, Wayne D. Keaton, Dallas, Jamie G. Averett, Cartersville, and Scott W. Shaw Shawe Law Firm LLC, Atlanta, for appellee.
    Case Number: S12F0626

    The superior court lacked subject matter jurisdiction to terminate the husband/legal father's rights in the legitimation proceeding that the biological father/intervenor brought as part of this divo

  • Griffin v. Terry

    Publication Date: 2012-07-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: August F. Siemon III, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0634

    To show prejudice under Strickland where appellate counsel ineffectiveness is alleged due to the failure to assert an error that carries presumed prejudice on direct appeal, the appellant must esta

  • Mathis v. State

    Publication Date: 2012-06-29
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0126

    The trial court did not err in allowing the victim's friend to testify under the necessity exception to the hearsay rule about the victim's statement regarding threats he received from the defendan

  • Ortiz v. State

    Publication Date: 2012-05-04
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jason R. Hasty, Katherine M. Mason and David V. Weber Public Defender's Office, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Kelly A. Jenkins, Assistant District Attorney, Swainsboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0433

    One conviction for aggravated assault should have merged into the defendant's malice murder conviction, as there was no deliberate interval between a shot to the first victim's arm and the fatal sho

  • State v. Caffee

    Publication Date: 2012-04-20
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Jimmonique R. S. Rodgers, James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellee.
    Case Number: S11A1529

    Double jeopardy did not bar a second trial for murder, kidnapping and related charges, since the trial court based its grant of a new trial on the improper admission of evidence, as opposed to the i

  • Davis v. State

    Publication Date: 2012-03-30
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A1776

    The trial court did not err in declining to give the defendant's requested jury instruction that self-defense is a valid justification to felony murder pursuant to Heard v. State, 261 Ga. 262 1991,

  • Newkirk v. State

    Publication Date: 2012-03-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jenifer R. Burns and Falen O. Cox Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun M. Waters, 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: S11A1850

    The defendant presented no evidence showing that the jury heard the trial court admonish defense counsel during a bench conference on his failure to seek bifurcation of the charge alleging possessi