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  • Rivers v. State

    Publication Date: 2015-01-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: John D. Rasnick, Luthersville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, 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: S14A1411

    The defendant admitted that he was selling crack cocaine on the night he punched the victim, causing him to fall and hit his head on a concrete step, which later led to the victim's

  • Rouse v. State

    Publication Date: 2014-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Michael W. Tarleton and James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Robert B. Bickerstaff II, Senior Assistant District Attorney, Columbus, 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: S14A1165

    The trial court improperly expressed or intimated its opinion that venue had been established or was not in dispute, thus the defendant was entitled to a new trial under O.C.G.A. § 17

  • Parker v. State

    Publication Date: 2014-11-20
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: David J. Dunn Jr., Public Defender, LaFayette, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, Natalee L. Staats, Assistant District Attorney, Rome, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0887

    The evidence supported a former police officer's convictions for malice murder and related crimes in connection with the disappearance of his estranged

  • McNair v. State

    Publication Date: 2014-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Timothy L. Eidson Office of the Georgia Capital Defender, Tifton, for appellant.
    for defendant: 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, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0762

    The jury was authorized to conclude that the provocation the defendant claimed—that his wife was getting dressed to go see another man when he struck her several times in the head with a hammer—was

  • Kipp v. State

    Publication Date: 2014-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Travis A. Williams Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Kelley M. Robertson, Assistant District Attorney, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1248

    The modified merger rule of Edge v. State, 261 Ga. 865 1992, which precludes a felony murder conviction where it would prevent an otherwise warranted verdict of voluntary manslaughter, does not exte

  • Glover v. State

    Publication Date: 2014-10-23
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Karen S. Wilkes Public Defender's Office, Cedartown, for appellant.
    for defendant: Oliver J. Browning Jr., District Attorney, Ryan H. Remsen, Chief Assistant District Attorney, Matthew S. Nestrud District Attorney's Office, Cedartown, 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.
    Case Number: S14A1022

    The defendant was not entitled to a new trial based on newly discovered evidence in the form of affidavits from three witnesses who testified at trial that they had seen the defendant with a silver

  • Scruggs v. State

    Publication Date: 2014-10-09
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Donarell R. Green IV Green & Green PC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Chief Assistant District Attorney, Athens, 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: S14A1422

    The trial court did not abuse its discretion in allowing the victim's daughter and two of the victim's siblings to testify pursuant to the necessity exception to the hearsay rule, as their statement

  • MARTA v. Reid

    Publication Date: 2014-09-25
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Harold M. Bagley, John G. Blackmon Jr., and Joseph B. Ward Drew Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: Amicus Appellant: Robert R. Potter, Todd A. Brooks, Crystal S. McElrath Swift, Currie, McGhee & Hiers LLP, Frank T. Putney Jr. Metropolitan Atlanta Rapid Transit, Atlanta, C. Todd Ross, and Eric M. Nestale C. Todd Ross PC, Albany. Todd K. Maziar Morgan & Morgan, Atlanta, for appellee. Amicus Appellee: Thomas M. Finn, Rebecca E. Liner Thomas M. Finn LLC, Dalton, and Joe B. Sartain Jr. Sartain Law Offices, Gainesville.
    Case Number: S13G1812

    The 2-year change in condition statute of limitation found in O.C.G.A. § 34-9-104 subsection b barred the employee's claim seeking to recover statutory penalties for late benefit payments in his wor

  • Kelley v. Randolph

    Publication Date: 2014-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Mark A. Kelley Kitchens, Kelley & Gaynes PC, and Jeffrey H. Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: . David F. Walbert, J. Matthew Maguire Jr., and Jennifer K. Coalson Parks, Chesin & Walbert PC, Atlanta, for appellees.
    Case Number: S14A1055

    The trial court did not err in concluding that the defendants met their burden of proving by a preponderance of the evidence their prescriptive title to the disputed property by adverse posse

  • Batten v. State

    Publication Date: 2014-07-03
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James E. Bischoff Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0941

    The defendant fired one or more shots after a dispute arose about the cost of a CD at a rap performance, and the victim died from a gunshot wound to hi