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  • 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

  • McClendon v. State

    Publication Date: 2016-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charita H. Demps, Atlanta, for McClendon. Kevin A. Anderson Georgia Public Defender Standards Council, Atlanta, for Burks. 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 Mary C. Greaber Attorney General's Office, Atlanta, for State.
    for defendant:
    Case Number: S16A0699; S16A0700

    The trial court erred during sentencing when it failed to recognize that the defendants' felony murder verdicts did not "merge" into their malice murder convictions, but rather, were vacated by oper

  • GeorgiaCarry.org v. Atlanta Botanical Garden Inc.

    Publication Date: 2016-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John R. Monroe, Roswell, for appellant.
    for defendant: . Michael L. Brown and David B. Carpenter Alston Bird LLP, Atlanta, for appellee.
    Case Number: S16A0294

    The trial court erred in dismissing a petition for declaratory and injunctive relief as to the Atlanta Botanical Garden's prohibition of weapons on its pre

  • Franklin v. State

    Publication Date: 2016-03-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, 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 Mary C. Greaber Attorney General's Office, Atlanta, for appellee.
    Case Number: S15A1308

    Defense counsel was not deficient in failing to object to the admission of a witness's testimony regarding the jailhouse confession of a co-defendant, who did not testify at trial, because the tria

  • Steele v. Steele

    Publication Date: 2016-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Leon S. Jones and Tyler W. Henderson Jones Walden LLC, Atlanta, for appellant.
    for defendant: Allen W. Bodiford, Stockbridge, for appellee.
    Case Number: S15F1535

    The parties' divorce settlement agreement was enforceable, and the trial court properly incorporated it into the final divorce d

  • O'Connell v. State

    Publication Date: 2015-07-01
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Dan W. Mayfield, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0344

    The evidence supported the defendant's convictions for malice murder, felony murder and aggravated assault after she and her adoptive sister strangled their adoptive mother to

  • Sims v. State

    Publication Date: 2015-07-01
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Beau A. Worthington Coxen Worthington LLC, Covington, for appellant.
    for defendant: Richard R. Read, District Attorney, Roberta A. Earnhardt, Senior Assistant District Attorney, Dabney Y. Kentner, Assistant District Attorney, Conyers, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0182

    The evidence supported the defendant's convictions in connection with the death of his girlfriend's nearly 3-year-ol

  • Hulett v. State

    Publication Date: 2014-10-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer E. Hildebrand Hildebrand Law Office PC, LaFayette, and Robert L. Stultz, Fort Oglethorpe, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Christopher A. Arnt, Chief Assistant District Attorney, LaFayette, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Sabrina D. Graham, and Dana E. Weinberger, Assistant Attorneys General, Atlanta, for appellant. Other party representation: Brian Kammer Georgia Resource Center, and Charles A. Spahos Prosecuting Attorneys' Council of Georgia, Atlanta.
    Case Number: S14P0819

    The Supreme Court affirmed the defendant's death sentences, finding that they were not imposed under the influence of passion, prejudice or any other arbitrary factor and that they were not dispropo

  • Hassel v. State

    Publication Date: 2014-02-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jana W. Jacobson Public Defender's Office, Royston, for appellant.
    for defendant: 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, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1382

    Although the evidence was unclear as to whether the defendant was the actual triggerman in a fatal shooting, ample evidence showed that he was a party to the crimes surrounding the murder, which was

  • Boykins v. State

    Publication Date: 2013-11-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard O. Allen, Woodbine, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Grady A. Moore, John R. Edwards, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1148

    The defendant failed to show that his counsel was deficient for strategically deciding to rely on an alibi, rather than on a mental health de