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  • Phan v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer S. Hanson, Bruce S. Harvey, K. Julie Hojnacki, Kimberly H. Cornwell Law Offices of Bruce S. Harvey, Atlanta, and Christopher W. Adams, Charleston, S.C., for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S11A1909

    The trial court did not abuse its discretion in ruling that the presumptive prejudice arising from the more-than 4-year delay in brining the capital murder defendant to trial was insufficient to es

  • Murphy v. State

    Publication Date: 2012-02-10
    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, David R. Helmick, Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Atlanta, for appellee.
    Case Number: S11A1358

    The jury could have construed the trial court's comments about an officer as bolstering the officer's test

  • Kennedy Dev. Co. Inc. v. Camp

    Publication Date: 2011-12-29
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, for appellant. Gregg P. Counts, Snellville, Russell B. Davis, Joshua S. Ruplin Downey & Cleveland, Marietta, Larry E. Stewart, Lawrenceville, David F. Root Carlock, Copeland & Stair LLP and C. Scott Greene Brian, Cave, Powell, Goldstein, Atlanta, for appellees.
    for defendant:
    Case Number: S11G0274

    The indemnity provision of the agreement between a homeowners' association and a development company was void and unenforceable under O.C.G.A. § 13-8-2 b, since it excused the development company fr

  • Guajardo v. State

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer S. Hanson, Bruce S. Harvey, K. Julie Hojnacki, Kimberly H. Cornwell Law Office of Bruce S. Harvey and Mark A. Yuracheck Yuracheck & Assocs. LLC, Atlanta, for appellant. Tracy G. Lawson, District Attorney, Caroline C. Owings, Stephen N. Knights Jr. District Attorney's Office, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0965

    Shortly after engaging in a physical altercation with the victim, the defendant drove through an apartment complex and fatally sho

  • Cammer v. Walker

    Publication Date: 2011-12-09
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Linda S. Sheffield, Atlanta, for appellant. Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, George P. Donaldson III Perry & Walters LLP, Albany, and K. Scott Key, McDonough.
    for defendant:
    Case Number: S11A1250

    The fact that defense counsel now believes that he should have handled his consultation with the defendant about a pretrial plea offer differently does not mean that his representation was defi

  • Vandall v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Christopher G. Paul Georgia Public Defender Standards Council, Cartersville, for appellant. Thomas J. Campbell, District Attorney, Cartersville, Samuel S. Olens, 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.
    for defendant:
    Case Number: S11A0810

    The 13-month-old victim bled to death internally from a broken back while in the defendant's sole

  • Brown v. State

    Publication Date: 2011-11-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael A. Brown, Forrest City, Ark., proceeded pro se. Ashley Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0949

    The waiver of s form signed by the petitioner served as some affirmative evidence that either the trial court or his trial counsel entered into a colloquy with him and explained all three Boyki

  • Taylor v. State

    Publication Date: 2011-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Albany, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0839

    No prejudice resulted from trial counsel's failure to request a jury charge on the state's burden of proof in a case based on circumstantial evidence, given the direct evidence adduced at trial and

  • Bowling v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jessica R. Towne and David E. Clark Clark & Towne PC, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, Rodney K. Miles, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1014

    The defendant did not establish an expectation of privacy in the medical records from his hospital admission after an accident that occurred when defendant shot the victim in the head while she driv

  • Williams v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Assoc. LLC, Jennifer S. Hanson, Bruce S. Harvey and K. Julie Hojnacki, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Mary K. Ware, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A0766

    Although the defendant argued that the only evidence supporting his convictions was the uncorroborated testimony of an accomplice, the witness at issue was not an accomplice to murder and the other