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  • Kennedy Dev. Co. Inc. v. Camp

    Publication Date: 2011-12-29
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, for appellant. Gregg P. Counts, Snellville, Russell B. Davis, Joshua S. Ruplin Downey & Cleveland, Marietta, Larry E. Stewart, Lawrenceville, David F. Root Carlock, Copeland & Stair LLP and C. Scott Greene Brian, Cave, Powell, Goldstein, Atlanta, for appellees.
    for defendant:
    Case Number: S11G0274

    The indemnity provision of the agreement between a homeowners' association and a development company was void and unenforceable under O.C.G.A. § 13-8-2 b, since it excused the development company fr

  • Guajardo v. State

    Publication Date: 2011-12-09
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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 Office of Bruce S. Harvey and Mark A. Yuracheck Yuracheck & Assocs. LLC, Atlanta, for appellant. Tracy G. Lawson, District Attorney, Caroline C. Owings, Stephen N. Knights Jr. District Attorney's Office, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0965

    Shortly after engaging in a physical altercation with the victim, the defendant drove through an apartment complex and fatally sho

  • Cammer v. Walker

    Publication Date: 2011-12-09
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Linda S. Sheffield, Atlanta, for appellant. Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, George P. Donaldson III Perry & Walters LLP, Albany, and K. Scott Key, McDonough.
    for defendant:
    Case Number: S11A1250

    The fact that defense counsel now believes that he should have handled his consultation with the defendant about a pretrial plea offer differently does not mean that his representation was defi

  • Rogers v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant. Robert D. James Jr., Gwendolyn K. Fleming, District Attorneys, Daniel J. Quinn, Assistant District Attorney, Decatur, 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.
    for defendant:
    Case Number: S11A0659

    No evidence showed that the defendant's jailhouse conversation with an attorney via a 3-way call could be considered confidential or was intended to

  • Vandall v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Christopher G. Paul Georgia Public Defender Standards Council, Cartersville, for appellant. Thomas J. Campbell, District Attorney, Cartersville, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0810

    The 13-month-old victim bled to death internally from a broken back while in the defendant's sole

  • Brown v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael A. Brown, Forrest City, Ark., proceeded pro se. Ashley Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0949

    The waiver of s form signed by the petitioner served as some affirmative evidence that either the trial court or his trial counsel entered into a colloquy with him and explained all three Boyki

  • Taylor v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Albany, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0839

    No prejudice resulted from trial counsel's failure to request a jury charge on the state's burden of proof in a case based on circumstantial evidence, given the direct evidence adduced at trial and

  • Sears v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant. Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1194

    The trial court's failure to charge separately on accident was harmless, given the charge as a whole, which properly and fully instructed the jury on the state's burden of proving that the defendan

  • Bowling v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jessica R. Towne and David E. Clark Clark & Towne PC, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, Rodney K. Miles, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1014

    The defendant did not establish an expectation of privacy in the medical records from his hospital admission after an accident that occurred when defendant shot the victim in the head while she driv

  • Walden v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0722

    The evidence supported the defendant's convictions for cruelty to children, as the jury was authorized to conclude that the presence of the victim's covered, unembalmed corpse in the home of the min