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  • Daughtie v. State

    Publication Date: 2015-06-09
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jana W. Jacobson Public Defender's Office, Royston, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Titus T. Nichols, Assistant District Attorneys, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0591

    The evidence was insufficient to support the defendant's conviction for theft by receiving, because there was no evidence that he knew or should have known that the handgun was stolen, and such know

  • State v. Sutton

    Publication Date: 2015-06-05
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Timothy G. Vaughn, District Attorney, Lauren C. S. Finley District Attorney's Office, Eastman, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Mitchell M. Shook and Paul W. Calhoun III Salter, Shook Tippett, Vidalia, for appellee.
    Case Number: S15A0355

    The defendant acted in self-defense in shooting his brother-in-law and was thus immune from prosecution under O.C.G.A. § 16-3-24.2; accordingly, the trial court properly dismissed the murder indictm

  • Smith v. Magnuson

    Publication Date: 2015-06-04
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Steven M. Rodham Womack, Gottlieb Rodham PC, Lafayette, for appellant.
    for defendant: Elizabeth A. Brandenburg, Marcia G. Shein Law Firm of Shein Brandenburg, Decatur, and Jeffery C. Talley, Gainesville, for appellee.
    Case Number: S15A0281

    The habeas court properly granted relief to the petitioner based on the invalidity of his guilty pleas, since his mental disorder prevented him from making an intelligent and knowing decision to en

  • State v. Jones

    Publication Date: 2015-06-03
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jessica K. Moss, Solicitor General, Barry W. Hixson, Chief Assistant Solicitor General, and Laura A. Janssen, Assistant Solicitor General, Canton, for appellant.
    for defendant: Rebecca T. Kozycki Chestney Law Firm, and Jeffrey R. Filipovits Filipovits Law Firm PC, Atlanta, for appellee. Amicus Appellant: Melvin L. Hewitt Jr., Ryan L. Isenberg Isenberg Hewitt PC, Atlanta, Carroll R. Chisholm Jr., Solicitor, Athens, Gregory W. Edwards, District Attorney, Albany, Denise D. Fachini, District Attorney, Cordele, Carlton T. Hayes Prosecuting Attorney's Council of Georgia, Morrow, Barry E. Morgan, Solicitor General, D. Victor Reynolds, District Attorney, John R. Edwards, John S. Melvin, Assistant District Attorneys, Marietta, Rebecca A. Wright, District Attorney, Augusta, Michael S. Carlson, Deputy Chief Assistant District Attorney, Donald P. Geary, Assistant District Attorney, Decatur, and Andrew J. Ekonomou, Assistant District Attorney, Brunswick. Amicus Appellee: Jennifer G. Ammons and William C. Head Head, Thomas, Webb Willis LLC, Atlanta.
    Case Number: S14G1061

    Evidence of a prior conviction may be relevant under O.C.G.A. § 24-4-404 subsection b, without regard to whether the charged crime is one requiring a specific or general intent, when it is offered

  • Mims v. Mims

    Publication Date: 2015-05-14
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Wilburn M. Burnham II Dodd Burnham, Valdosta, and Mary K. Durant Durant Law LLC, Tucker, for appellant.
    for defendant: David A. Webster, Atlanta, for appellee.
    Case Number: S15A0106

    Husband was obligated to pay daughter's college expenses, since she had attended school full time as contemplated by the settlement agreement incorporated into the parties' final divorce d

  • Baden v. Ochoa-Hernandez

    Publication Date: 2015-04-22
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Sarah L. Gerwig-Moore, Mattie L. Hardin, Marlene Otero, Dorothy Paul Mercer Law School, and Caleb F. Walker The McArthur Law Firm, Macon, for appellee.
    Case Number: S15A0507

    The order granting habeas relief failed to comply with O.C.G.A. § 9-14-49, since it did not contain written findings of facts and conclusions of law upon which the judgment was

  • Cooper v. State

    Publication Date: 2015-03-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Philip Cannon, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Kathryn O. Fallin, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1658

    Trial counsel was not deficient in failing to present a defense based on circumstantial evidence or in failing to request a jury charge regarding the State's burden of proof in a purely circumstanti

  • Smith v. State

    Publication Date: 2015-03-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Eric J. Taylor Public Defender's Office, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Roderick B. Wilkerson, Deborah D. Wellborn, Assistant District Attorneys, Buffy D. Thomas District Attorney's Office, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1715

    Trial counsel was not deficient in failing to make a meritless motion to suppress evidence or in failing to raise meritless objections in the defendant's murder

  • City of Atlanta v. Mitcham

    Publication Date: 2015-02-19
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Cathy Hampton, City Attorney, and Laura S. Burton City of Atlanta Law Dep't, Atlanta, for appellant.
    for defendant: . Amicus Appellant: Joseph D. McGovern Dubberly McGovern, Glennville, Richard K. Strickland, and Paul M. Scott Brown Readdick Bumgartner Carter, Brunswick. Charles H. McAleer The McAleer Law Firm PC, Decatur, for appellee.
    Case Number: S14G0619

    Sovereign immunity barred the plaintiff's negligence claims against the defendant city and its chief of police based on the failure to provide medical care while he was in cu

  • Rhodes v. State

    Publication Date: 2015-01-23
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Ron C. Rhodes, Pelham, proceeded pro se. K. David Cooke Jr., District Attorney, Dorothy V. Hull, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S14A1522

    The defendant's claim that his guilty plea was not freely entered was not a proper ground for an out-of-time appeal, as its resolution required evidence that was not part of the plea trans