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  • Lanier v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Tony A. May, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1040

    The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a police officer's passing statement about defendant's parole officer during cross-examination

  • Drake v. State

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1207

    The jury's finding of misdemeanor manslaughter as a lesser included offense of malice murder was not inconsistent with its finding of felony murder based on felony child cr

  • Hall v. State

    Publication Date: 2010-10-01
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael G. Kam Kam Ebersbach & Lewis, Newnan, and J. Scott Key, McDonough, for appellant. Peter J. Skandalakis, District Attorney, LaGrange, Kevin T. McMurry, Assistant District Attorney, Newnan, 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: S10A0692

    The trial court did not err in admitting similar transaction evidence, despite the age of the prior incidents, as the cases were sufficiently similar in that, in all instances, the defendant was phy

  • Jones v. State

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Jessica H. Rock, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0082

    The trial court did not err in denying the defendant's motion to withdraw his guilty plea to murder and related crimes on ineffective assistance of counsel g

  • Rose v. State

    Publication Date: 2010-06-11
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0248

    The defendant fatally stabbed his estranged wife, while the couple's 9-year-old daughter was in an adjacent

  • Hood v. Todd

    Publication Date: 2010-05-28
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Wade H. Watson III, Laura K. Bonander Caldwell & Watson LLP, Atlanta, Samuel L. Oliver and Thomas D. Calkins Hulsey Oliver & Mahar LLP, Gainesville, for appellant.
    for defendant: . J. Vincent Cook, Robert C. Irwin III and Jay W. Cook Cook, Noell, Tolley & Bates LLP, Athens, for appellee.
    Case Number: S10A0131

    The decedent's will clearly reflected his intent to exclude the appellee, since the appellee was not mentioned in the will and the term defining children was limited to lawful blood descen

  • Johnson v. Roberts

    Publication Date: 2010-04-30
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Stuart E. Walker Martin Snow LLP and Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0063

    The habeas court erred in determining that the defendant was not prejudiced by his attorney's deficient performance in misinforming him on his parole eligibility, since the trial court's alleged cor

  • Atlanta Oculoplastic Surgery PC v. Nestlehutt

    Publication Date: 2010-04-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan C. Peters, Melissa B. Johnson Peters & Monyak LLP, Thomas S. Carlock and Eric J. Frisch Carlock Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: Michael B. Terry, Sarah M. Shalf Bondurant, Mixson & Elmore LLP, James D. Summerville The Bird Law Group PC, Frank A. Ilardi Houck, Ilardi & Regas LLC and Rosser A. Malone, Atlanta, for appellees.
    Case Number: S09A1432

    The damage cap in O.C.G.A. § 51-13-1 unconstitutionally infringed upon the right to a jury trial, because it undermined the jury's basic function as factfinder by nullifying any portion of a jury's

  • Larizza v. Larizza

    Publication Date: 2010-02-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Andrea L. Landers and David A. Wester, Atlanta, for appellant.
    for defendant: Christopher T. Adams, Lawrenceville, for appellee.
    Case Number: S09F1836

    Although the appellee admitted that the appellant was not willingly unemployed, the Court assumed that the trial court resolved conflicting evidence properly in the absence of a trans

  • Arnold v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Derek M. Wright The Wright Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1382

    The defendant failed to meet the requirements for admitting the murder victim's 1979 robbery convi