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  • Mason v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1723

    The defendant admitted that he stabbed the murder victim, using a serrated knife, which he found in the kitchenette of the hotel room in which officers found her

  • Wilson v. Kemp

    Publication Date: 2011-02-04
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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

  • Alvelo v. State

    Publication Date: 2011-01-21
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Cecelia M. Harris, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1662

    The trial court erred in applying an erroneous legal standard to review the defendant's motion for a new trial on his convictions for malice murder and related

  • Crawford v. State

    Publication Date: 2011-01-21
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, James E. Barker, Assistant District Attorneys, Douglasville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Christopher R. Johnson, Assistant Attorney General, Douglasville, for appellee.
    Case Number: S10A1559

    The defendant's refusal to sign a Miranda waiver form did not automatically render his statement involuntary and inadmis

  • Kemp v. Neal

    Publication Date: 2010-12-17
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Thomas A. Nash Jr. Nash Law Firm PC, Savannah, for appellant.
    for defendant: Grady K. Reddick, Sylvania, and Brenda C. Youmas Edwards & Youmas LLC, Macon, for appellee.
    Case Number: S10A0724

    The Court may not rely on doctrinal concerns or ecclesiastical principles when deciding disputes between chu

  • Ling v. State

    Publication Date: 2010-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee. Amicus Appellant: Chara F. Jackson, Azadeh N Shahshahani, ACLU of Georgia, Brian Steel The Steel Law Firm PC, Robert K. Woo Jr. and James A. Broussard King & Spalding LLP, Atlanta, David Wakukawa, Jennifer C. Newell ACLU and Araceli Martinez-Olguin Legal Aid Society Employment Law Center, San Francisco, Calif.
    Case Number: S10G0460

    When a defendant raises a question in a motion for a new trial as to whether the absence of a qualified interpreter violated the defendants due process rights, the trial court must make and explain

  • Allen v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Douglas B. Ammar Georgia Justice Project, Judith A. O'Brien, Sarah E. Scott, and Tracey K. Ledbetter Southerland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: Clark D. Cunningham Georgia State University College of Law, Atlanta.
    Case Number: S10A1301

    An eyewitness at the scene identified the defendant as one of the shooters involved with a murder and several aggravated ass

  • Fair v. State

    Publication Date: 2010-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa

  • O'Neal v. State

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel F. Farnsworth W. Scott Smith PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: S10G0060

    Under O.C.G.A. § 17-8-75, the trial court has an independent duty to rebuke the prosecutor, give a curative instruction or grant a mistrial upon proper objection to the state's introduction of impro

  • Moore v. State

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy 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: S10A1102

    Evidence of the defendant's previous arrest for cocaine possession and his previous arrest for an incident involving unprovoked gun violence was admissible since the incidents were sufficiently sim