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  • Bradshaw v. State

    Publication Date: 2016-11-07
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Wendell R. Adams Public Defender's Office, Dublin, for appellant.
    for defendant: Stephen A. Bradley, District Attorney, Milledgeville, Jean G. Mangan, Assistant District Attorney, Greensboro, Tuttle W. Barksdale III District Attorney's Office, Gray, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A1070

    The record supported the trial court's findings that defendant made his statements to law enforcement freely and voluntarily, and the trial court did not err in admitting into evidence defendant's c

  • Garibay v. Terry

    Publication Date: 2016-10-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jesus Garibay, Helena, proceeded pro se. Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S16A0824

    The habeas court erred in dismissing the defendant's habeas petition for failure to prosecute, since the habeas court had orally denied the petition at an earlier hearing and all that remained in th

  • Leslie v. State

    Publication Date: 2016-09-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Nicholas D. Leslie, Reidsville, proceeded pro se. Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S16A0992

    The trial court properly denied the defendant's "Motion to Void Illegal Sentence," which the trial court properly construed as a motion to withdraw a guilty plea, because the defendant untimely file

  • McClendon v. State

    Publication Date: 2016-09-22
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charita H. Demps, Atlanta, for McClendon. Kevin A. Anderson Georgia Public Defender Standards Council, Atlanta, for Burks. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary C. Greaber Attorney General's Office, Atlanta, for State.
    for defendant:
    Case Number: S16A0699; S16A0700

    The trial court erred during sentencing when it failed to recognize that the defendants' felony murder verdicts did not "merge" into their malice murder convictions, but rather, were vacated by oper

  • Propst v. State

    Publication Date: 2016-07-15
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Frances C. Kuo, Decatur, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, Walter C. Howard, Assistant District Attorney, Monroe, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0275

    The evidence was sufficient to support the defendant's convictions for robbery and related offenses arising after he and an accomplice attempted to rob a drug d

  • Smart v. State

    Publication Date: 2016-07-15
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tanya F. Miller, Atlanta, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Christine S. Barker, Jennifer P. Guyer, Lyndsey H. Rudder, Assistant District Attorneys, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0393

    The evidence was sufficient to support the defendant's convictions for malice murder and related offenses in connection with the beating death of his wife in the presence of her youn

  • Taylor v. Metoyer

    Publication Date: 2016-07-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Sanford A. Wallack Wallack Law PC, Atlanta, for appellee.
    Case Number: S16A0070

    The habeas court properly granted the defendant's habeas petition based on his claim of ineffective assistance of appellate counsel following his convictions on numerous counts of armed robbery and

  • Durden v. State

    Publication Date: 2016-06-24
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William B. Mills, Ringgold, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Benjamin B. Kenemer, Assistant District Attorney, Dalton, Daniel W. A. Peach, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0539

    A grand jury properly summoned, sworn and charged to serve during a particular term of the court may recess and reconvene as it sees fit to conduct its business in the course of that term and need n

  • Pearce v. Tucker

    Publication Date: 2016-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul W. Painter III Bowen Painter LLC, and William R. Dekle Sr. Brennan, Wasden Painter LLC, Savannah, for appellant.
    for defendant: . Aaron W. Mumford, County Attorney, Steven G. Blackerby, and Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellee.
    Case Number: S15G1310

    The Court of Appeals' decision reversing the denial of summary judgment to a police officer in a wrongful death suit arising from a detainee's suicide in his holding cell was correct under the right

  • Starling v. State

    Publication Date: 2016-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert M. Thomas Public Defender's Office, Colquitt, for appellant.
    for defendant: Thomas C. Earnest, District Attorney, Thomas S. Bishop, Assistant District Attorney, Cuthbert, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0440

    The defendant failed to prove his ineffective assistance of counsel claims following his convictions for murder, aggravated assault, third degree child cruelty and related offenses in connection wit