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  • Stacey v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III and John W. Kraus Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0268

    The evidence was not sufficient to support the defendant's conviction for theft by receiving, since there was no evidence showing that he knew or should have known that the gun was stolen when he r

  • Harvey v. State

    Publication Date: 2013-04-18
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James E. Bischoff Bischoff & White PC, Fayetteville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0598

    DNA evidence matching the defendant, handwriting analysis of a note police found on the victim's body, and similar transaction witnesses' testimonies supported the defendant's convictions for malice

  • Harris v. Upton

    Publication Date: 2013-03-07
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thad C. Kodish, Brian P. Boyd, Jack P. Smith III, General Counsel, Erin P. Alper, General Counsel, and Jacqueline Tio Fish & Richardson PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth A. Harris, and Sara K. Sahni, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S12A1498

    Appellate counsel was not deficient in failing to locate the defendant's trial counsel for the motion for new trial hearing, since she attempted to contact him using information from State Bar reco

  • Huff v. State

    Publication Date: 2013-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Frances C. Kuo, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, John A. Warr, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0075

    The evidence supported the defendant's conviction for malice murder since the jury was not required to return a verdict for voluntary manslaughter under the facts of the

  • Reaves v. State

    Publication Date: 2013-03-07
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Tommy K. Floyd, James L. Wright III, District Attorneys, Thomas L. Williams District Attorney's Office, McDonough, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0222

    The defendant caused his 11-year-old daughter's death as the result of renal failure triggered by the release of myoglobin due to severe trauma to her

  • Smith v. State

    Publication Date: 2013-02-21
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James N. Finkelstein, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Matthew Breedon, Heather H. Lanier, Chief Assistant District Attorneys, Albany, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    Case Number: S13A0124

    The State could retry the defendant on the felony murder charge after the jury found him guilty of aggravated assault and aggravated battery but failed to reach a verdict on murder, since the trial

  • Hester v. State

    Publication Date: 2013-01-10
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brett M. Willis and H. Bradford Morris Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Jennifer C. Bagwell, Kelley M. Robertson, Assistant District Attorneys, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1829

    The evidence authorized the jury to find that the defendant shot the victim during an argument in their home while the victim's two minor daughters were in their bed

  • Arnold v. State

    Publication Date: 2012-11-21
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Anna G. Cross, Jason R. Samuels, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1895

    The defendant did not show that her guilty plea was involuntary or that she should have been permitted to withdraw the plea to correct a manifest inju

  • Thornton v. State

    Publication Date: 2012-11-21
    Practice Area:
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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: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1776

    The evidence supported the defendant's convictions based on the theory that he was a party to the crime, as the State showed that he planned the robbery, drove two of his co-indictees to the victim'

  • Arby's Rest. Grp. Inc. v. McRae

    Publication Date: 2012-11-08
    Practice Area:
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James H. Chandler, Andrew J. Hamilton Hamilton, Westby, Antonowich & Anderson LLC, and Matthew D. Walker Drew Eckl & Farnham, Atlanta, for appellant.
    for defendant: . Lawrence T. Clements and Bruce P. Johnson Clements & Sweet LLP, Atlanta, for appellee. Amicus Appellant: Clayton E. Robertson McLain & Merritt PC, Harold M. Bagley, Joseph B. Ward, Matthew D. Walker Drew, Eckl & Farnham, Atlanta, John D. Blair, and Christopher T. Ross Ross & Levy LLC, Albany. Amicus Appellee: Todd K. Maziar Morgan & Morgan, Laura M. Shamp, Atlanta, Thomas A. Eaton University of Georgia School of Law, Athens, and Alex B. Wallach George & Wallach, Forest Park.
    Case Number: S12G0714

    The Workers' Compensation Board acted within its discretion in ordering the employee to sign a limited medical release authorizi treating physician to speak with her employer's counsel regard