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  • McGowan v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Carrollton, for appellee.
    Case Number: A09A2288

    The trial court did not improperly bolster the victim's credibility in allowing the victim's mother and the treating nurse and doctor to testify, because the witnesses were testifying on their opini

  • Manley v. State

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, appellants. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0136, S10A0137

    In some cases, defendants may present an objective and significant disparity in parol eligibility on cross-examination of a state's wi

  • Johnson v. State

    Publication Date: 2010-02-26
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A0322

    The evidence was sufficient to convict defe for carrying a concealed weapon, because police found a knife when they searched defe

  • Shivers v. State

    Publication Date: 2010-02-12
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Phyllis R. Williams, Decatur, and Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1713

    The defendant killed the victim with a single gunshot to the chest, after returning to the victim's home following an arg

  • Love v. State

    Publication Date: 2010-02-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John N. Habib, Assistant Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Senior Assistant District Attorney, Atlanta, for appellee
    Case Number: A10A0032

    An apartment complex security guard's testimony that he previously warned the defendant to stay off the premises was admissible and relevant to prove the criminal trespass charge, since it showed t

  • Ditman v. State

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.
    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Shaw v. State

    Publication Date: 2009-12-04
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: 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 Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1126

    Defense counsel was not deficient for failing to introduce evidence of the victim's prior act where no credible evidence could be

  • Gunn v. State

    Publication Date: 2009-10-16
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Circuit Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and Jeffery W. Hunt, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A09A1595

    The trial court did not abuse its discretion in admitting evidence of the defendant's prior sexual abuse of three other children to show his intent or state of mind, because the evidence was suffici

  • Smith v. State

    Publication Date: 2009-10-09
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A2143

    Defense counsel was not deficient for failing to make a meritless objection to the prosecutor's closing arg

  • Stidham v. State

    Publication Date: 2009-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven M. Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Jason O. Waters District Attorney's Office, Eastman, for appellee.
    Case Number: A09A1456

    Both of the co-defendants implicated the defendant in the burglaries in question, corroborated each other's test and the victims corroborated their test