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  • McNaughton v. State

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Kevin T. McMurry, Assistant District Attorney, Newnan, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0322

    The defendant fatally stabbed his wife in the torso, arms and legs 31 times as she sat in the office of their

  • State v. Caffee

    Publication Date: 2012-04-20
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
    for defendant: Jimmonique R. S. Rodgers, James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellee.
    Case Number: S11A1529

    Double jeopardy did not bar a second trial for murder, kidnapping and related charges, since the trial court based its grant of a new trial on the improper admission of evidence, as opposed to the i

  • Davis v. State

    Publication Date: 2012-03-30
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James C. Bonner Jr. and Sheueli C. Wang Georgia Public Defender Standards Council, Appellate Division, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A1776

    The trial court did not err in declining to give the defendant's requested jury instruction that self-defense is a valid justification to felony murder pursuant to Heard v. State, 261 Ga. 262 1991,

  • Tampa Inv. Group Inc. v. Branch Banking and Trust Co. Inc.

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John D. Dalbey, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever LLP, Eugenia W. Iredale and Steven M. Kushner Fellows LaBriola LLP, Atlanta, for appellant.
    for defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: S11G1728; S11G1729

    Although the guaranties at issue did not individually and specifically identify the debt guaranteed, the plain meaning of their language showed that the obligations had no temporal limitation and ap

  • Walker v. State

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha

  • Newkirk v. State

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jenifer R. Burns and Falen O. Cox Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun M. Waters, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1850

    The defendant presented no evidence showing that the jury heard the trial court admonish defense counsel during a bench conference on his failure to seek bifurcation of the charge alleging possessi

  • Phan v. State

    Publication Date: 2012-03-02
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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 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

  • Tate v. Howerton

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Andrew W. Mahler Mercer Law Sch., Macon, J. Scott Key, McDonough, William E. Hoffmann Jr., Darrick L. McDuffie King & Spalding LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0087

    The state conceded that the habeas court failed to address the defendant's claims of ineffective assistance of co

  • Murphy v. State

    Publication Date: 2012-02-10
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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

  • Final Exit Network Inc. v. State of Georgia

    Publication Date: 2012-02-10
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert G. Rubin Peters, Rubin & Sheffield PA, Donald F. Samuel Garland, Samuel & Loeb PC, Bruce S. Harvey, L. David Wolfe, Atlanta, and Robert Rivas Sachs Sax Caplan PL, Tallahassee, Fla., for appellant.
    for defendant: . Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1960

    O.C.G.A. § 16-5-5 b-providing that any person ' "who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in