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  • Smith v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Scottie D. Smith, Pelham, proceeded pro se. Thomas J. Campbell, District Attorney, Cartersville, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0728

    The defendant was not entitled to amend his trial transcript to reflect that he was restrained during the trial by the use of a stun belt because he never adduced any evidence to support this asse

  • State v. Abernathy

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Norman S. Gunter, William J. Langley, District Attorneys, Blairsville, Cathy A. Cox-Brakefield, Assistant District Attorney, Cleveland, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for the state. Douglas W. McDonald Sr. McDonald & Cody, Cornelia, for Abernathy.
    for defendant:
    Case Number: S11A0314; S11X0315

    The trial court erred in granting a new trial based on defense counsel's conflict of interest since the defendant did not show how the conflict caused divided loyalties or compromised his attorney's

  • Reese v. State

    Publication Date: 2011-07-08
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Cynthia W. Harrison, placeCityAtlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0220

    The trial court did not err in charging the jury on voluntary intoxication because circumstantial evidence supported the c

  • Boatright v. State

    Publication Date: 2011-07-08
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Allen M. Trapp Jr., placeCityCarrolltonfor appellant. Fred A. Lane Jr., District Attorney, Anthony Volkodav Jr., Paul E. Hemmann, Eric K. Dunaway, Assistant District Attorneys, Dallas, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0287

    The trial court did not err by failing to instruct the jury on mutual combat because no evidence showed a mutual intention to

  • Wilson v. Kemp

    Publication Date: 2011-06-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Milton Wilson, Alamo, proceeded pro se. Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Daniel M. King Jr., Dublin, for appellee.
    for defendant:
    Case Number: S10A1465

    The defendant was not informed that his guilty plea to voluntary manslaughter waived his privilege against compulsory self-incrimin

  • Gwinnett County Sch. Dist. v. Cox

    Publication Date: 2011-06-24
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles P. Aaron, Gerald M. Edenfield, Susan W. Cox Edenfield, Cox, Bruce & Classens PC, Statesboro, T. Joshua R. Archer, Michael J. Bowers, Joshua M. Moore Balch & Bingham LLP, Thomas A. Cox, Atlanta, Santana T. Flanigan, A.J. Welch Jr. Smith, Welch & Brittain LLP, McDonough, and Timothy N. Shepherd, Griffin, for appellants. Bruce P. Brown, Ellen C. Carothers, Jeremy T. Berry McKenna, Long & Aldridge LLP, Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, Judson H. Turner and Robert L. Fortson Turner, Bachman & Garrett LLC, Marietta, for appellees. Amicus Appellant: Phillip L. Hartley, Martha M. Pearson Harben, Hartley & Hawkins LLP, Gainesville, and Michael E. Kramer Buckley & Klein LLP, Atlanta. Amicus Appellee: Sarina M. Russotto Arnall Golden Gregory LLP, Joshua B. Belinfante, Alexia R. Ross Robbinsfreed, Atlanta, Michael M. Middleton, Mark D. Johnson Gilbert, Harrell, Sumerford & Martin PC, Brunswick, and Andrew W. Broy, Oak Park, Ill.
    for defendant:
    Case Number: S10A1773

    The state constitution grants exclusive control of K-12 public education to local county and area boards of education and the 2008 Georgia Charter Schools Commission Act clearly and palpably violat

  • Davidson v. State

    Publication Date: 2011-05-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant. James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, Douglasville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0120

    The trial court did not err in declining to instruct the jury on voluntary manslaughter because the defendant's own testimony showed that he did not shoot victim in the heat of pa

  • Huling v. Huling

    Publication Date: 2011-03-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James E. Stein, St. Marys, and Christopher J. McFadden, Decatur, for appellant.
    for defendant: . James B. Durham and Audra L. Rizzi-Gegg Durham, McHugh & Duncan PC, Brunswick, for appellee.
    Case Number: S10F1591

    Because the plaintiffs induced and expressly acquiesced in the allegedly erroneous judgment at the jury charge conference, the Court refused to entertain their allegation of error on a

  • Newsome v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Bernadette C. Crucilla Crucilla Law Firm, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Nancy S. Malcor, Dorothy V. Hull, Assistant District Attorneys, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1905

    The defendants' two life sentences for murdering the same victim were surpl

  • Simmons v. Simmons

    Publication Date: 2011-03-11
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: David A. Powell, Gainesville, for appellant.
    for defendant: Wanda L. Barnett, Jefferson, and David A. Webster, Atlanta, for appellee.
    Case Number: S10F1818

    The trial court did not abuse its discretion in requiring that husband maintain life insurance for the benefit of his child in an amount that exceeded his cumulative child support obligation because