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  • Mitchell v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and August F. Siemon III, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0319

    The redaction of certain portions of the defendant's statements to police did not affect the outcome of the trial, since the same evidence in the defendant's recorded statements was admitted through

  • Wright v. State

    Publication Date: 2013-05-02
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jerry M. C. Pilgrim The Pilgrim Law Group LLC, Villa Rica, for appellant.
    for defendant: Robert E. Brooks Jr., District Attorney, Buchanan, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Kenneth W. Mishoe, Assistant Attorney General, and Gary D. Bergman Prosecuting Attorney's Council of Georgia, Atlanta, for appellee.
    Case Number: S13A0128

    The record showed that the defendant freely and voluntarily entered his guilty plea to murder after he was fully advised of his r

  • Campbell v. State

    Publication Date: 2013-04-22
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1804

    The evidence did not support a jury instruction on voluntary manslaughter in a case arising out of a deadly roommate dispute, as the initial confrontation between the defendant and the victim ended

  • Smith v. State

    Publication Date: 2013-03-21
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Gregory W. Winters, District Attorney, Nancy S. Malcor, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1978

    The defendant failed to prove that his trial counsel was deficient for not asserting a sleepwalking defense after he was convicted of murdering his

  • Reaves v. State

    Publication Date: 2013-03-21
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Franklin J. Hogue Hogue & Hogue, Macon, for appellant.
    for defendant: Tommy K. Floyd, James L. Wright III, District Attorneys, McDonough, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1582

    The defendant's stat to an officer were admissible in her trial for the murder of her stepdaughter, since Miranda warnings were not required while she was not in custody and her ambiguous sta

  • Bradley v. State

    Publication Date: 2013-03-20
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Jessica W. Clark, Bradfield M. Shealy, Assistant District Attorneys, Valdosta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1857

    The defendant's convi for aggravated assault merged into his convi for armed robbery, since both crimes arose out of the same act or transa

  • Harris v. Upton

    Publication Date: 2013-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thad C. Kodish, Brian P. Boyd, Jack P. Smith III, General Counsel, Erin P. Alper, General Counsel, and Jacqueline Tio Fish & Richardson PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth A. Harris, and Sara K. Sahni, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S12A1498

    Appellate counsel was not deficient in failing to locate the defendant's trial counsel for the motion for new trial hearing, since she attempted to contact him using information from State Bar reco

  • In the Interest of W. L. H.

    Publication Date: 2013-03-07
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lori B. Duff, Loganville, for appellant.
    for defendant: Amicus Appellant: Nathan A. Hayes, Coy J. Johnson Jr., Willie J. Lovett Jr. Office of the Child Attorney, Miles J. Alexander Kilpatrick Townsend & Stockton LLP, Kirsten L. Widner, Melissa D. Carter Emory University School of Law, Michael A. Caplan Bondurant, Mixson & Elmore LLP, Angela T. Tyner Georgia CASA, Atlanta, Jane G. Okrasinski, Athens, Aimee E. Stowe DeKalb Cnty. Child Advocacy Ctr., Decatur, and J. Richard Hammett Baker & McKenzie, Houston, Texas. Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Dennis R. Dunn, Deputy Attorney General, Calandra A. Harps, Assistant Attorney General, Atlanta, Lee R. Moss Prior Daniel & Wiltshire LLC, Madison, Woodrow W. Ware III, Athens, and Fred R. White, Conyers, for appellee.
    Case Number: S12G1049

    An unemancipated minor child lacks standing to appeal without the aid of a guardian or next f

  • Blake v. State

    Publication Date: 2013-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Luana P. Nolin, Sheryl D. Freeman, Assistant District Attorneys, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1852

    The defendant was not eligible for life imprisonment without the possibility of parole, since he committed his crimes in December 2008, prior to the effective date of the amendment to the murder sen

  • Bright v. State

    Publication Date: 2013-01-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1735

    Three eyewitnesses identified the defendant as the gunman who shot and killed one victim, and the aggravated assault victim identified the defendant as the gunman who sho