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  • Williams v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Assoc. LLC, Jennifer S. Hanson, Bruce S. Harvey and K. Julie Hojnacki, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Mary K. Ware, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A0766

    Although the defendant argued that the only evidence supporting his convictions was the uncorroborated testimony of an accomplice, the witness at issue was not an accomplice to murder and the other

  • Smith v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Scottie D. Smith, Pelham, proceeded pro se. Thomas J. Campbell, District Attorney, Cartersville, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0728

    The defendant was not entitled to amend his trial transcript to reflect that he was restrained during the trial by the use of a stun belt because he never adduced any evidence to support this asse

  • Tyner v. State

    Publication Date: 2011-08-05
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Paige R. Whitaker, Deputy District Attorneys, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0253

    The defendant's 1984 guilty plea to malice murder was invalid because the record did not show that he was advised of his right against self-incrimination as Boykin req

  • Haley v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kristin i. Jordan and Brett M. Willis Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, , Jennifer D. Hart, Conley J. Greer, Assistant District Attorneys, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee. Amicus appellant: Joseph M. Beck, William A. Pequignot Kilpatrick Stockton LLP, Emmet J. Bondurant Bondurant, Mixson & Elmore LLP, John F. Gelzer III Garland, Samuel & Loeb and Sidney L. Moore III Troutman Sanders LLP, Atlanta.
    Case Number: S11A0606

    In the catchmekiller" case, the state failed to prove specific intent to support the defendant's conviction for tampering with evidence with intent to prevent apprehension and obstruct prosecution o

  • Hampton v. State

    Publication Date: 2011-07-22
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Timothy L. Eidson, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0585

    A conviction for hindering the apprehension of a criminal is equivalent to the common law of being an accessory after the fact and a party may not be convicted of being both a principal to th

  • Patel v. State of Ga.

    Publication Date: 2011-07-15
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Malcolm F. Bryant Jr. Bryant & Cook PC, Vidalia, for Parimal Patel and Check. Malcom F. Bryant Jr. and Paul K. Cook Bryant & Cook PC, Vidalia, for Dudhwala, Mehta and Ankurkumar Patel. Samuel H. Altman, District Attorney, Swainsboro, Andrew Ekonomou and Michael G. Lambros The Lambros Firm LLC, Atlanta, for the state.
    for defendant:
    Case Number: S11A0044; S11A0045; S11A0239; S11A0240; S11A0241

    The trial court was premature in considering the question of whether the in rem forfeitures of assets of stores at issue here, which are focus of civil actions brought under Georgia's RICO Act, cons

  • State v. Abernathy

    Publication Date: 2011-07-15
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Norman S. Gunter, William J. Langley, District Attorneys, Blairsville, Cathy A. Cox-Brakefield, Assistant District Attorney, Cleveland, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for the state. Douglas W. McDonald Sr. McDonald & Cody, Cornelia, for Abernathy.
    for defendant:
    Case Number: S11A0314; S11X0315

    The trial court erred in granting a new trial based on defense counsel's conflict of interest since the defendant did not show how the conflict caused divided loyalties or compromised his attorney's

  • Reese v. State

    Publication Date: 2011-07-08
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Cynthia W. Harrison, placeCityAtlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0220

    The trial court did not err in charging the jury on voluntary intoxication because circumstantial evidence supported the c

  • Boatright v. State

    Publication Date: 2011-07-08
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Allen M. Trapp Jr., placeCityCarrolltonfor appellant. Fred A. Lane Jr., District Attorney, Anthony Volkodav Jr., Paul E. Hemmann, Eric K. Dunaway, Assistant District Attorneys, Dallas, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0287

    The trial court did not err by failing to instruct the jury on mutual combat because no evidence showed a mutual intention to

  • Wilson v. Kemp

    Publication Date: 2011-06-24
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Milton Wilson, Alamo, proceeded pro se. Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Daniel M. King Jr., Dublin, for appellee.
    for defendant:
    Case Number: S10A1465

    The defendant was not informed that his guilty plea to voluntary manslaughter waived his privilege against compulsory self-incrimin