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  • Morales v. State

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Blair D. Mahaffey, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A10A1058

    The victim's testimony that the defendant pushed him off of a porch railing, walked down the stairs to where he lay and kicked him in the mouth, supported the defendant's aggravated assault convi

  • Manley v. State

    Publication Date: 2010-08-27
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

  • Richardson v. State

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0331

    The defendant's 30-year sen did not amount to an act of retaliation for his rejection of a plea deal with a lower sen

  • Barber v. State

    Publication Date: 2010-07-02
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council-Appellate Division, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0742

    Evidence that the defendant collected the victims' wallets, while his accomplice brandished a handgun, supported his convictions for three armed robb

  • In the Interest of A. P. S.

    Publication Date: 2010-07-02
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barbara K. Nye and Ali-Reza P. Ghanouni, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Jay G. Wall, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A0069

    The juvenile court lacked jurisdiction over the appellant's prosecution for possessing marijuana, since the appellant tuned 17 ' "at the first moment of the day prior to the anniversary of his birth

  • Robinson v. State

    Publication Date: 2010-06-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0428; S10A0429

    Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

  • Whitehead v. State

    Publication Date: 2010-06-11
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0313

    The Court overruled Dixon v. State, 285 Ga. 312, 317 677 SE2d 76 2009; Robinson v. State, 283 Ga. 546, 547 661 SE2d 538 2008; Young v. State, 269 Ga. 478, 479 499 SE2d 60 1998 and other similar case

  • Robinson v. State

    Publication Date: 2010-05-14
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0428; S10A0429

    Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

  • Barrow v. Barker

    Publication Date: 2010-05-14
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Matthew M. Lubozynski, John P. Jett and J. Henry Walker IV Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S10A0611

    The Supreme Court remanded the case to the habeas court for a determination of whether the defendant could overcome procedural default by satisfying either the cause and prejudice or the miscarriage

  • Manley v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi