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  • Lacey v. Smith

    Publication Date: 2010-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Edwin J. Wilson Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1064

    The defendant admitted to firing a gun three times, while attempting to rob the murder victim of marijuana, and that he shot the victim and another man during the inc

  • Smith v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sonya Smith. Samuel J. Harris, Cookeville, Tenn., for Joseph Smith. Patrick H. Head, District Attorney, John R. Edwards, Eleanor A. Dixon, Assistant District Attorneys, Marietta, Thurbert E. Baker, 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: S10A1281; S10A1282

    The evidence authorized the jury to conclude that the defendants committed non-felony acts of abuse that inadvertently led to their son's death as well as felony acts which could serve as the underl

  • State v. Thompson

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, and Thurbert E. Baker, Attorney General, Atlanta, for the state. William J. Atkins Atkins & Woods LLC, Atlanta, and David B. Fife, Lawrenceville, for Thompson.
    for defendant:
    Case Number: S10A0737; S10X0738

    The police officer murder defendant subjectively believed that he would lose his job, if he did not cooperate with the investigators from the Major Felony Unit and Internal Af

  • Brown v. State

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: H. B. Edwards III Edwards & Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Tracy K. Chapman, Assistant District Attorney, Valdosta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1315

    Admission of the victim's hearsay statements to her mother and a friend regarding the defendant's prior physical abuse did not violate the defendant's confrontation right, since the statements were

  • Lanier v. State

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Tony A. May, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1040

    The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a police officer's passing statement about defendant's parole officer during cross-examination

  • Drake v. State

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, 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.
    Case Number: S10A1207

    The jury's finding of misdemeanor manslaughter as a lesser included offense of malice murder was not inconsistent with its finding of felony murder based on felony child cr

  • Flint v. State

    Publication Date: 2010-10-29
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Lorenzo E. Flint Jr., Miami, Fla., for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee. Amicus Appellant: Sarah L. Gerwig-Moore Mercer Law School, Macon, and Leigh S. Schrope, Atlanta.
    Case Number: S10A1093

    The state proved that it was prejudiced in its ability to respond to the defendant's petition for writ of habeas corpus due to his near 20-year delay in filing it, after his guilty plea to two count

  • Hall v. State

    Publication Date: 2010-10-01
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael G. Kam Kam Ebersbach & Lewis, Newnan, and J. Scott Key, McDonough, for appellant. Peter J. Skandalakis, District Attorney, LaGrange, Kevin T. McMurry, Assistant District Attorney, Newnan, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0692

    The trial court did not err in admitting similar transaction evidence, despite the age of the prior incidents, as the cases were sufficiently similar in that, in all instances, the defendant was phy

  • Manley v. State

    Publication Date: 2010-08-27
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

  • Jones v. State

    Publication Date: 2010-06-18
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Jessica H. Rock, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0082

    The trial court did not err in denying the defendant's motion to withdraw his guilty plea to murder and related crimes on ineffective assistance of counsel g