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  • Kapur v. Roach

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Warren N. Coppedge Jr. and David L. McGuffey Coppedge, Leman & Ward PC, Dalton, for appellant.
    for defendant: Amy A. Petulla, Rossville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S00G0324

    The wife did not waive O.C.G.A. § 19-9-23 a and c's mandatory venue provisions when she consented to the transfer of her child custody petition to the county where her husband re

  • Robinson v. State

    Publication Date: 2000-09-22
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tara L. Kneller, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Anna E. Green, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1165

    The interrogating officer did not threaten the defendant with increased punishment by telling the defendant that he was hanging himself with

  • Fortson v. State

    Publication Date: 2000-06-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: Alan A. Cook, District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0196

    Defendant had a constit l right to appointed counsel at his hearing to withdraw his guilty plea because a plea withdrawal proceeding is a critical stage of a defendant's prosec

  • Clowers v. Sikes, Warden

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig L. Cascio, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jeanne K. Strickland and Wesley S. Wood, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S00A0234

    Defendant's pro se guilty plea to purse snatching was invalid, since he signed the waiver of rights form before appearing in front of the trial court and the trial court failed to determine whether

  • Wyatt v. State

    Publication Date: 2000-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John P. Howell, Covington, for appellant.
    for defendant: Alan A. Cook, District Attorney, William K. Wynne Jr., Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0842

    Defendant's custodial statement was admissible because he initiated communication with the interrogating officers after they stopped questioning him in response to his statement that he would wait f

  • Allen v. State

    Publication Date: 2000-05-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kirk E. Gilliard Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0037

    The state could ask the defendant if he had "Thug Life" tattooed on his abdomen, since that evidence was relevant to the defendant's possible motive for committing a drive-by sho

  • Ely v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James C. Wyatt, Rome, for appellant.
    for defendant: Tambra P. Colston, District Attorney, Rome, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0507

    The trial 's error in allowing the state to impeach three defense witnesses with inadmissible prior convictions was harmless, given the defendant's failure to renew his objection after the tria

  • Torres v. State

    Publication Date: 2000-05-19
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Barbara J. Nelson, Claxton, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Hinesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0338

    Although the defendant's expert testified that the 1990 census failed to reflect changes in the county's minority populations, there was no evidence that minorities were substantially under-represe

  • Benford v. State

    Publication Date: 2000-05-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Shalini A. Patel and Viveca B. Famber Fulton County Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, George W.K. Snyder Jr., Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0212

    Evidence that the defendant was arrested with a gun other than the murder weapon was irrelevant and would have been prejudicial, but for the overwhelming evidence of his

  • Cardio TVP Surgical Assocs. PC v. Gillis

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John C. Edwards and Blair K. Cleveland Martin, Snow, Grant & Napier, Macon, for appellant.
    for defendant: . Berrien L. Sutton Sutton & Assocs. PC, Homerville, Keith H. Solomon, Douglas, Ronald W. Hallman, Claxton, Mitchel P. House Jr. Sell & Melton, Macon, and Kenneth G. Menendez Vincent, Berg, Stalzer & Menendez, Atlanta, for appellee. Amicus Appellants: Sidney N. Summers Vincent, Berg, Stalzer & Menendez, and David C. Cook Medical Assoc. of Ga., Atlanta.
    Case Number: S99G1712

    Whether it was appropriate for the physician's assistant to harvest the plaintiff's vein was not a jury question, since the Composite State Board of Medical Examiners is the only entity who can make