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  • Blair v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John L. Kimmey III and C. David Turk III Germano & Kimmey PC, Dawsonville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Kevin W. Drummond, Assistant District Attorney, Carrollton, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0055

    Proffered evidence of sexual acts allegedly committed by the victim did not establish the victim's alleged propensity for sexually assaulting young men and

  • Carreker v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Wadkins, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Mark C. post, Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0001

    The trial court properly charged on mutual combat since the jury could have found from the evidence that the defendant and the victim intended to resolve their difference by fighting with deadly we

  • Payne v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1679

    Defendant was not entitled to a mistrial based on the prosecutor's closing argument that defendant's voluntary use of alcohol and drugs did not excuse his co

  • Coppock v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Donald W. Rogers, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gregory L. Bushway, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2068

    Defendant's mental dexterity as exhibited during his videotaped confession supported the trial court's finding that the confession was volu

  • Prater v. State

    Publication Date: 2001-01-19
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Thomas W. Cauthorn III Cauthorn & Phillips, Marietta, for Prater. Marc D. Cella, Marietta, for Thomas. Alan J. Baverman, Atlanta, for Tomlinson. Patrick H. Head, District Attorney, Maria B. Golick, Eleanor A. Kornahrens, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S00A1684; S00A1685; S00A1686

    State's failure to seek convictions for felony murder based on the lesser included offense of attempted armed robbery in defendants' first trial barred any retrial for that

  • Tessmer v. State

    Publication Date: 2000-12-15
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sandra J. Popson Katz, Flatau, Popson & Boyer LLP, Macon, for appellant.
    for defendant: Richard G. Milam, District Attorney, Paul E. Hemmann, Assistant District Attorney, Barnesville, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1397

    Th evidence supported the battered police woman's felony murder conviction for shooting her husband in the chest after he rape

  • Lucas v. State

    Publication Date: 2000-11-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John B. Sumner, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, Canton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1231

    A reasonable officer would have understood that the defendant was invoking his right to counsel when he told the officer that his attorney told him not to say any

  • Foster v. State

    Publication Date: 2000-11-03
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas J. O'Donnell Jr., Sandersville, for appellant.
    for defendant: Richard A. Malone, District Attorney, William S. Askew, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1853

    Expert testimony that a perpetrator who has had a close relationship with the murder victim may move or cover the victim's body to depersonalize the victim was beyond the average juror'

  • Smith v. State

    Publication Date: 2000-10-20
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    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: J. Robert Joiner, 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 Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1184

    Because the jury's written note to the trial court indicated that the jury had already reached a verdict, any error in the trial court's communication with the jury outside of defendant's presence w

  • Williams v. State

    Publication Date: 2000-10-13
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Alvera A. Wheeler, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1286

    Prior to submitting the case to the jury, the trial court properly removed a juror who said her religious beliefs prevented her from judging the defe