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  • Toomer v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Nicholas E. Deeb, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0976

    The Court disapproved of Division 5 of Walton v. State, 267 Ga. 713 1997, to the extent that it suggested that an appellate court is prohibited from considering a proponent's race-neutral explanatio

  • Crosson v. Conway

    Publication Date: 2012-06-22
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Maureen C. Crosson, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Teresa B. Klein District Attorney's Office, Lawrenceville, for appellee. Neutral Amicus: J. David Miller, District Attorney Prosecuting Atty's Council of Ga., Gary D. Bergman Prosecuting Atty's Council of Ga., Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta.Attorneys
    Case Number: S12A0328

    Hicks v. Scott, 273 Ga. 358 2001 is overruled, and compliance with the procedural requirements of O.C.G.A. § 9-14-52 is required for appellate jurisdiction over all habeas peti

  • Walker v. State

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha

  • Neal v. State

    Publication Date: 2012-02-10
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Roger C. Wilson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1663

    The trial court did not abuse its discretion in admitting similar transaction evidence involving the defendant's ex-wife and which occurred a decade or more before the victim's

  • Walden v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant. Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0722

    The evidence supported the defendant's convictions for cruelty to children, as the jury was authorized to conclude that the presence of the victim's covered, unembalmed corpse in the home of the min

  • Kemp v. Neal

    Publication Date: 2010-12-17
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Thomas A. Nash Jr. Nash Law Firm PC, Savannah, for appellant.
    for defendant: Grady K. Reddick, Sylvania, and Brenda C. Youmas Edwards & Youmas LLC, Macon, for appellee.
    Case Number: S10A0724

    The Court may not rely on doctrinal concerns or ecclesiastical principles when deciding disputes between chu

  • Fair v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa

  • State v. Gleaton

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Tony L. Axam Axamlaw, Atlanta, and Cinque M. Axam Axamlaw, Riverdale, for appellee.
    Case Number: S10A1318

    The state violated the defendants' right to a speedy trial for a murder that occurred on August 7, 2005 at an apartment complex that was subsequently cond

  • Smith v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sonya Smith. Samuel J. Harris, Cookeville, Tenn., for Joseph Smith. Patrick H. Head, District Attorney, John R. Edwards, Eleanor A. Dixon, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1281; S10A1282

    The evidence authorized the jury to conclude that the defendants committed non-felony acts of abuse that inadvertently led to their son's death as well as felony acts which could serve as the underl

  • Hicks v. Heard

    Publication Date: 2010-04-09
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Andersen Tate & Carr PC, Duluth, and Jeffrey P. Yashinsky Schur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: S09G1508

    In iff's vicarious liability action, the burden-shifting paradigm in Allen Kane's Major Dodge v. Barnes, 243 Ga. 776 1979, supported the grant of summary judgment to the defendant, because the