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  • Favors v. State

    Publication Date: 2015-04-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1797

    The court erred with respect to the merger of certain counts in the defendant's murder

  • Jeffrey v. State

    Publication Date: 2015-03-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1418

    The Supreme Court overruled Durden v. State, 293 Ga. 89 2013, holding that a family violence aggravated assault verdict did not merge as a matter of law into a malice murder verdict as to the same v

  • Cordero v. State

    Publication Date: 2015-03-18
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sheueli C. Wang Public Defender's Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Sheila E. Gallow, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1336

    The trial court properly declined to merge the defendant's conviction for cruelty to children arising from events that occurred on and between September 1, 2007 to December 31, 2007, with his felony

  • Wetherington v. State

    Publication Date: 2015-02-06
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael Wetherington, Abbeville, proceeded pro se. J. David Miller, District Attorney, Jessica W. Clark, Assistant District Attorney, Valdosta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S14A1525

    The trial court properly denied the defendant's motion for an out-of-time a from his convictions based on a guilty plea, as he failed to show that he had a right to file a timely direct a

  • Babbage v. State

    Publication Date: 2015-01-22
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Musa M. Ghanayem Ghanayem Rayasam LLC, Mark J. Issa The Issa Law Firm PC, Atlanta, and Jonathon J. Majeske, Norcross, for Babbage. Anthony S. Carter, Public Defender, Monroe, for Hall. Robert D. James Jr., District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Matthew B. Crowder, Assistant Attorney General, Gary D. Bergman, Charles C. Olson in Case No. S14A1286 only, Charles A. Spahos in Case No. S14A1286 only, and Joseph F. Burford in Case No. S14A1287 only Prosecuting Attorneys' Council of Georgia, Atlanta, for State.
    for defendant:
    Case Number: S14A1286; S14A1287

    Life imprisonment without the possibility of parole is an authorized punishment for murder under O.C.G.A. § 16-5-1 regardless of whether the State sought the death pe

  • Drake v. State

    Publication Date: 2014-11-26
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard M. Darden Darden Law Firm, Savannah, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Sarah L. Moorhead, Reginald C. Martin District Attorney's Office, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0935

    Statements the defendant made to officers in his first interview, prior to being Mirandized, were properly obtained and admissible, since the defendant was not in custody at the time he made

  • Francis v. State

    Publication Date: 2014-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Teresa L. Smith, Public Defender, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0877

    Although there was evidence of ongoing difficulties and past acts of violence committed by the victim against the defendant, there was no evidence of any specific provocation at or around the time o

  • Russell v. State

    Publication Date: 2014-10-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0795

    The evidence did not support a jury charge on voluntary manslaughter in the defendant's trial for killing his estranged wife and another

  • Compton v. Jackson

    Publication Date: 2014-10-09
    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: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0663

    The defendant did not show that his trial counsel was ineffective in failing to object to the trial court's excusal of a juror based on a conversation that occurred outside the presence of the defen

  • Brown v. State

    Publication Date: 2014-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Benjamin D. Goldberg, Mableton, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0901

    The defendant lacked standing to contest the search of an apar since he failed to show that he had a legitimate expectation of privacy in the apar