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  • Ardis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bobby E. Hutson Jr., Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Marc A. Mallon, Senior Assistant District Attorneys, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1526

    Although the introduction of the non-testifying co-defendant's lengthy custodial statement, which was redacted to eliminate the defendant's name, violated the defendant's Sixth Amendment confrontati

  • Wilkes v. Terry

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Scott Key, McDonough, Sarah L. Gerwig-Moore, Andrew Mahler, and Danielle L. Brewer, Macon, for appellant. Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1410

    A habeas court is not required to transfer a properly filed petition for habeas corpus to another county's superior court when the petitioner is transferred to that county for dete

  • Battles v. State

    Publication Date: 2011-11-18
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant. Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1181

    The defendant did not show his counsel was ineffective in questioning the doctor who treated him for a gunshot wound in a manner that led to her impeachment with a first offender plea, as the prosec

  • Miller v. State

    Publication Date: 2011-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Tonya Miller. Henry A. Hibbert Cromwell & Hibbert, Atlanta, for Jabaris Miller. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Clinton K. Rucker, Chief Senior District Attorney, Marc A. Mallon, Lenny I. Krick, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0752; S11A0914

    The trial court violated the def 's confrontation right when it allowed a judge to testify to the contents of two petitions for temporary protective injunctions previously filed against the de

  • Gibson v. State

    Publication Date: 2011-10-14
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1330

    A witness heard five successive gunshots immediately before the defendant announced that he had ' "just killed her," ' in regard to his wife, whom officers found shot dead on her

  • Darville v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0993

    The defendant's conviction for conspiracy to violate the Georgia Controlled Substances Act was reversed, as the language in the indictment at issue could be read to charge individuals with conspirac

  • McNeal v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Craig T. Pearson, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Ronald J. Poirier, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1076

    The trial court did not err in allowing the prosecutor to read the defendant's entire criminal history into evidence to disprove his testimony that a prior marijuana conviction was his only prior fe

  • Simpson v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amy L. Copeland, Savannah, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Gregory M. McConnell, Assistant District Attorney, Hinesville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0803

    Officers did not violate the defendant's federal and state rights against self-incrimination in requiring him to turn over his bloody clothes for inspection, since the defendant surrendered his clot

  • Brinson v. State

    Publication Date: 2011-07-22
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James C. Garner, Soperton, for appellant.
    for defendant: Louis C. Fraser, District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Atlanta, for appellee.
    Case Number: S11A0827

    The trial court did not abuse its discretion in handling of noises in the courtroom purportedly made by the victim's f

  • Flores v. Exprezit Stores 98-Georgia LLC

    Publication Date: 2011-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Mary K. Durant Durant Law LLC and Edward J. Bauer, Atlanta, for appellants. Gene A. Major Fain, Major & Brennan PC, Michael A. Sexton and Y. Kevin Williams Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellees. Amicus appellant: Lyle G. Warshauer Warshauer Law Group PC, Alan J. Hamilton Butler, Wooten & Fryhofer, James D. Summerville The Summerville Firm LLC, Atlanta, Matthew E. Cook Butler, Wooten, Overby & Fryhofer et. al. and Traci G. Courville Oates & Courville, Columbus.
    for defendant:
    Case Number: S10G1652

    Georgia's Dram Shop Act applies to the sale to noticeably intoxicated adults of closed or packaged alcoholic beverages not intended for consumption on the pre