Filter This View

  • Ros v. State

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael S. Marr, Lawrenceville, for Ros. Wystan B. Getz Oakhurst Law Group LLC, Decatur, for Tran. Daniel J. Porter, District Attorney, Thomas N. Davis Jr., Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S05A0913;S05A0935

    The defendants and other me of their gang fatally attacked the victim after spotting him with rival gang me

  • Botts v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: L. David Wolfe and Mark A. Yurachek, Atlanta, for Botts. Brandon Lewis, Norcross, for Pisciotta. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Holly B. Hughes, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A0798; S04A0799

    Georgia's hate crime statute, O.C.G.A. § 17-10-17, is unconstitutionally vague since it enhances a criminal sentence where the factfinder determines that the defendant intentionally selected a victi

  • Daniel v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: S03G1172

    The officer's statement that police were having problems with drugs being moved from Atlanta to outlying counties and his request for consent to search did not prolong, continue or otherwise extend

  • Munroe v. Universal Health Servs. Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Yelton Sammons Nall & Miller, Christine M. Stadler, Atlanta, and Omar R. Mark Zamora Pennebaker & Zamora, Dallas, for appellee.
    Case Number: S04A0470

    A defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable f

  • Hancock v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Joseph A. Homans Fox, Chandler, Homans, Hicks & McKinnon, Dawsonville, and Lucy K. Henry Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Jason Deal, District Attorney, Lee Darragh, Assistant District Attorney, Gainesville, Thurbert E. Baker Jr., Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0392

    Pretrial convers between the state's expert and a defense expert witness did not violate the rule of sequestr

  • Stewart v. Milliken

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Thomas M. West, Atlanta, for appellee.
    Case Number: S04A0083

    The state did not challenge the merits of defendant's ineffectiveness of appellate counsel claims after the habeas court resolved them in defendant's

  • Woodward v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles M. Warnock Jr., Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, Terry F. Holland, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0767

    Defendant was not entitled to a mistrial based on a witness's nonresponsive answer which negatively impacted defendant's char

  • Perry v. State

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lauren H. Williamson Hall & Williamson PC, Albany, for Nashon Perry. Edward R. Collier Collier & Gamble, Dawson, for James Perry. Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0053; S03A0055

    In light of the charges as a whole, the trial court's erroneous comment that there was "only one murder" did not mislead or confuse

  • Thompson v. State

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin R. Gough, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins and Gregory C. Perry, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: S02G1882

    The trial court erred in considering defendant's prior guilty in fixing his sentence after the state conceded that the defendant was not represented by counsel when he entered the

  • Perry v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lauren H. Williamson Hall & Williamson PC, Albany, for Nashon Perry. Ellis R. Garnett, Augusta, for Clyde. Edward R. Collier Collier & Gamble, Dawson, for James Perry. Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0053; S03A0054; S03A0055

    The trial court did not unfairly state the law in relation to the defendants' rights when it repeated certain charges to the