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  • Sharpe v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0677

    The trial court did not abuse its discretion in excluding the defendant's 911 call because he did not testify and was not subject to cross-examin

  • Scott v. State

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0764

    Evidence that the defendant shot the victim in the heat of passion was sufficient to require a jury charge on voluntary manslaughter, and since the defendant was entitled to such a charge, the tria

  • Harris v. State

    Publication Date: 2012-05-11
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, and Max C. Richardson Jr., Norcross, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0698

    A jury charge as to whether possession of a firearm by a convicted felon is inherently dangerous was not warranted by the evidence, which showed that the defendant intentionally grabbed his pistol a

  • Padidham v. State

    Publication Date: 2012-05-11
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James K. Sullivan and Robert W. Chestney Chestney Law Firm, Atlanta, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, and Karen M. Seeley, Assistant Solicitor General, Lawrenceville, for appellee.
    Case Number: S11G1808

    The state's failure to immediately inform a DUI defendant of the results of the state-administered breath test does not create a situation where the defendant is left with no, or so little, informat

  • McNaughton v. State

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Kevin T. McMurry, Assistant District Attorney, Newnan, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0322

    The defendant fatally stabbed his wife in the torso, arms and legs 31 times as she sat in the office of their

  • Jackson v. State

    Publication Date: 2012-05-04
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Richard A. Grossman, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Anna G. Cross, Grady A. Moore, Assistant District Attorneys, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0784

    The defendant failed to show that the state acted with discriminatory intent in peremptorily striking a juror, where the state explained that it struck the juror because he was combative and relucta

  • Tate v. Howerton

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Andrew W. Mahler Mercer Law Sch., Macon, J. Scott Key, McDonough, William E. Hoffmann Jr., Darrick L. McDuffie King & Spalding LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0087

    The state conceded that the habeas court failed to address the defendant's claims of ineffective assistance of co

  • Final Exit Network Inc. v. State of Georgia

    Publication Date: 2012-02-10
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Robert G. Rubin Peters, Rubin & Sheffield PA, Donald F. Samuel Garland, Samuel & Loeb PC, Bruce S. Harvey, L. David Wolfe, Atlanta, and Robert Rivas Sachs Sax Caplan PL, Tallahassee, Fla., for appellant.
    for defendant: . Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1960

    O.C.G.A. § 16-5-5 b-providing that any person ' "who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in

  • Williams v. State

    Publication Date: 2012-01-27
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Thomson, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1835

    The defendant's statement that I can't go on answering these questions was not an unambiguous and unequivocal assertion of the right to remain silent, but rather a part of the give and take of the i

  • Young v. State

    Publication Date: 2012-01-13
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jennifer R. Burns, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1296

    The state did not violate Brady in failing to disclose a management report containing a consultant's findings regarding the operation of the city's police depar