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  • Propst v. State

    Publication Date: 2016-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Frances C. Kuo, Decatur, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, Walter C. Howard, Assistant District Attorney, Monroe, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0275

    The evidence was sufficient to support the defendant's convictions for robbery and related offenses arising after he and an accomplice attempted to rob a drug d

  • Smart v. State

    Publication Date: 2016-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tanya F. Miller, Atlanta, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Christine S. Barker, Jennifer P. Guyer, Lyndsey H. Rudder, Assistant District Attorneys, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0393

    The evidence was sufficient to support the defendant's convictions for malice murder and related offenses in connection with the beating death of his wife in the presence of her youn

  • Taylor v. Metoyer

    Publication Date: 2016-07-13
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: 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 appellant.
    for defendant: Sanford A. Wallack Wallack Law PC, Atlanta, for appellee.
    Case Number: S16A0070

    The habeas court properly granted the defendant's habeas petition based on his claim of ineffective assistance of appellate counsel following his convictions on numerous counts of armed robbery and

  • Durden v. State

    Publication Date: 2016-06-24
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William B. Mills, Ringgold, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Benjamin B. Kenemer, Assistant District Attorney, Dalton, Daniel W. A. Peach, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0539

    A grand jury properly summoned, sworn and charged to serve during a particular term of the court may recess and reconvene as it sees fit to conduct its business in the course of that term and need n

  • Marchman v. State

    Publication Date: 2016-06-24
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for Marchman. Edwin J. Wilson, Snellville, for Arnold. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for State.
    for defendant:
    Case Number: S16A0027; S16A0028

    The evidence was sufficient to exclude every reasonable hypothesis save that of guilt and to warrant the defendants' convictions, either as a perpetrator who directly committed the crimes or as a p

  • Pearce v. Tucker

    Publication Date: 2016-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul W. Painter III Bowen Painter LLC, and William R. Dekle Sr. Brennan, Wasden Painter LLC, Savannah, for appellant.
    for defendant: . Aaron W. Mumford, County Attorney, Steven G. Blackerby, and Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellee.
    Case Number: S15G1310

    The Court of Appeals' decision reversing the denial of summary judgment to a police officer in a wrongful death suit arising from a detainee's suicide in his holding cell was correct under the right

  • Starling v. State

    Publication Date: 2016-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert M. Thomas Public Defender's Office, Colquitt, for appellant.
    for defendant: Thomas C. Earnest, District Attorney, Thomas S. Bishop, Assistant District Attorney, Cuthbert, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0440

    The defendant failed to prove his ineffective assistance of counsel claims following his convictions for murder, aggravated assault, third degree child cruelty and related offenses in connection wit

  • Allaben v. State

    Publication Date: 2016-06-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, 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 Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0166

    Although the evidence supported the defendant's conviction for malice murder in connection with the strangling death of his wife, the trial court reversibly erred in excluding certain evidence that

  • Humphrey v. State

    Publication Date: 2016-06-09
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jamel Humphrey, Waycross, proceeded pro se. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Chief Assistant District Attorney, Athens, 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: S16A0197

    The trial court lacked jurisdiction to entertain the defendant's untimely motion to withdraw his guilty plea to murder and should have dismissed it, rather than denyi

  • Stokes v. State

    Publication Date: 2016-05-11
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Zachary E. Tumlin, Dahlonega, for appellant.
    for defendant: William J. Langley, District Attorney, Blairsville, T. Buckley Levins, Assistant District Attorney, Hiawasee, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0485

    The evidence contradicting the defendant's version of events fully supported the trial court's conclusions that her plea counsel correctly informed her of when she would be eligible for parole, that