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  • Bridges v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, for appellee.
    Case Number: S09A1801

    The trial court's pre-voir dire instructions to the jury pool did not shift the burden of proof to the defe

  • Lewis v. State

    Publication Date: 2009-12-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carlton K. Nelson III and Leonard M. Geldon, Assistant Public Defenders, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A2297

    The defendant retained possession of a pair of scissors, which were issued to him for the sole purpose of cutting his hair, and hid them in his cell in violation of jail p

  • Vaughn v. State

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0970

    The evidence supported the defendant's aggravated stalking conviction, because there was no evidence that hi consented to violent contact and there was evidence that the defendant threatened h

  • Wright v. State

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Atha H. Pryor, Assistant District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A09A1400

    A videotape showing only the defendant's husband was admissible as part of the res gestae, since the tape was contemporaneous to the incident and provided co

  • Merritt v. State

    Publication Date: 2009-11-06
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Metro Conflict Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1803

    The trial court did not err in denying the defendant's Batson motion, since the state gave race-neutral explanations for the two peremptory strikes that the defendant challenged on a

  • Everetteze v. Clark

    Publication Date: 2009-10-30
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Vincent D. Hyman, Robert L. Martin, Carmen R. Alexander and Robert D. Ware County Attorneys' Office, Atlanta, for appellant.
    for defendant: . Robert J. Proctor and Christopher M. Porterfield Proctor Hutchins, Atlanta, for appellee.
    Case Number: S09A1354

    Although the county Board of Equalization members are public officers, subject to quo warranto, a quo warranto petition may only be filed by leave of court and the appellee did not seek leave of cou

  • Brogdon v. State

    Publication Date: 2009-08-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William D. Healan III, Winder, and David E. Clark, Sugar Hill, for appellant.
    for defendant: Rosanna M. Szabo and Karen M. Seeley, Solicitors General, Lawrenceville, for appellee.
    Case Number: A09A1269

    King v. State, 276 GA. 126 2003, which specifically held that the state can seize medical records pursuant to a search warrant, controlled the defendant's challenge to the search warrant in this

  • Grindle v. State

    Publication Date: 2009-08-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A09A1354

    The co-defendant's custodial statement was testimonial and the defendant did not have an opportunity to cross-examin

  • Horner v. Robinson

    Publication Date: 2009-08-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael L. Wetzel Michael L. Wetzel & Assocs. PC, Bogart, for appellant.
    for defendant: Richard P. Hamilton Cruser & Mitchell LLP, Norcross, for appellee.
    Case Number: A09A0715

    The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car

  • Bennett v. State

    Publication Date: 2009-07-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1311

    De counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification de