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  • Rivera v. The State

    Publication Date: 2018-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Edward Victor Cornel Silverbach, (Nicholson, Silverbach, & Watson) Kennesaw, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock, (Department of Law), Atlanta; Paul L. Howard, Jr., David K. Getachew-Smith, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee
    Case Number: S18A1264

    No corroboration of accomplice testimony is required where an accomplice is not the only witness.

  • Smith v. The State

    Publication Date: 2018-12-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; James Bradley Smith, Erica Patrick Shepley, A.D.A., (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee
    Case Number: S18A1191

    No directed verdict on false imprisonment charges where the State met its burden of proof of that charge.

  • Thorpe v. The State

    Publication Date: 2018-09-04
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Gerald Ashland Griggs, (Gerald A. Griggs, LLC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Paul L. Howard, Jr, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0732

    Court Rejects by Murder

  • Wade v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Otobong U. Ekpo (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S18A0327

    Although the evidence supported defendant's convictions for murder and related offenses arising out of the beating death of his girlfriend's 18-month-old son, the Court vacated his sentence and remanded for resentencing because the trial court erred in failing to merge certain counts.

  • In The Interest Of K.S., A Child.

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: James John Anagnostakis (Anagnostakis Law Group), Douglasville, for appellant.
    for defendant: Kristi Lee Winstead Wilson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17G1344

    Decisions Regarding Transfer of Juveniles to Superior Court Are Directly Appealable to Court of Appeals

  • Womac v. The State

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
    for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1385

    The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.

  • Johnson v. State

    Publication Date: 2017-02-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein,
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Moruf O. Oseni, David M. Atwell, Assistant District Attorneys, Bainbridge, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vanessa T. Meyerhoefer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A1649

    Defendant failed to preserve his arguments for appeal, and the Court thus affirmed the trial court's judgment finding him guilty of felony m

  • Thomas v. State

    Publication Date: 2017-01-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein,
    Attorneys: For plaintiff: Theodore Johnson Johnson Associates, Atlanta, for Thomas. Dell Jackson, Decatur, for Nixon. Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief 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 State.
    for defendant:
    Case Number: S16A1520; S16A1521

    The Court partially reversed defendants' convictions and sentences for murder and related offenses in connection with a crime spree that took place over three

  • CertainTeed Corp. v. Fletcher

    Publication Date: 2016-12-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Erin E. Shofner, David C. Marshall Hawkins Parnell Thackston Young LLP, and Michael K. Wolensky Schiff Hardin LLP, Atlanta, for appellant.
    for defendant: Amicus Appellant: William V. Custer IV, Edwin M. Cook Bryan Cave LLP, Atlanta, Leonard Searcy II Shook, Hardy Bacon LLP, Kansas City, MO, Mark Behrens, and Cary Silverman Shook, Hardy Bacon LLP,Washington, DC. Robert C. Buck and Juliana Y. Sleeper Buck Law Firm, Atlanta, for appellee.
    Case Number: S15G1903

    Manufacturer of asbestos-containing cement water pipe had no duty to warn daughter of man who worked with those pipes about the possible hazards associated with inhaling asbestos dust from its pro

  • Sheard v. State

    Publication Date: 2016-11-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Matthew K. Winchester, Atlanta, for appellant.
    for defendant: Amicus Appellant: Charles H. Frier, Atlanta. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A1291

    Defendant was entitled to a new because portions of his transcript were missing, which prevented adequate appellate review of his murder