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Publication Date: 2012-07-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Patrick H. Head, District Attorney, and John R. Edwards, Assistant District Attorney, Marietta, for appellant.
for defendant: Jesus A. Nerio, Atlanta, and Diana F. Grant, Roswell, for appellee.
Case Number: S12A0916
The defendant could not show the required prejudice, regardless of plea counsel's prior erroneous advice, because the trial court correctly informed the defendant of the immigration consequences of
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0786
A police chief's comment that the defendant had only one chance to cut a deal did not induce the defendant's confession under the totality of the circumstances, even if the statement constituted an
Publication Date: 2012-07-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Brett M. Willis Public Defender's Office, Gainesville, for appellant.
for defendant: Shiv Sachdeva, Assistant District Attorney, Columbus, for appellee. Amicus Appellant: Jimmonique R. S. Rodgers and James C. Bonner Jr., Georgia Public Defender Standards Council, Atlanta. Amicus Appellee: Gary D. Bergman, J. David Miller, and Charles C. Olson Prosecuting Atty's Council of Ga., Atlanta.
Case Number: S12G0370
The marijuana trafficking statute, O.C.G.A. § 16-13-31 c, requires proof that the defendant knew the amount of marijuana he poss
Publication Date: 2012-06-29
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
for defendant: Larry Chisolm, District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0853
Slight differences in the size, shading or clarity of photographs used in an identification line-up do not render a line-up impermissibly sugge
Publication Date: 2012-06-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Maureen C. Crosson, Lawrenceville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Teresa B. Klein District Attorney's Office, Lawrenceville, for appellee. Neutral Amicus: J. David Miller, District Attorney Prosecuting Atty's Council of Ga., Gary D. Bergman Prosecuting Atty's Council of Ga., Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta.Attorneys
Case Number: S12A0328
Hicks v. Scott, 273 Ga. 358 2001 is overruled, and compliance with the procedural requirements of O.C.G.A. § 9-14-52 is required for appellate jurisdiction over all habeas peti
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Publication Date: 2012-06-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: William B. Deveney, Brent L. Wilson Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, Anthony J. Jorgensen, James L. Proszek Hall, Estill, Hardwick, Gable, Golden & Nelson PC, Tulsa, Okla., for appellant.
for defendant: Jason P. King Hall, Booth, Smith & Slover, Atlanta, for appellee.
Case Number: S12Q0941
A telecommunication carrier cannot recover loss of use damages, arising from the accidental severance of its underground fiber-optic cable, where those damages are measured by the hypothetical cost
Publication Date: 2012-06-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Katherine M. Mason Public Defender's Office, Augusta, for appellant.
for defendant: Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0684
The trial court erred in sentencing the defendant for both felony murder and the underlying of
Publication Date: 2012-06-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant.
for defendant: Gregory W. Edwards, District Attorney, Arkesia S. Jenkins District Attorney's Office, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0640
The 10-year delay between trial and appeal did not violate the defendant's due process rights by preventing him from raising appellate issues, since trial counsel remembered sufficient details to r
Publication Date: 2012-06-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: William M. Ermine, Macon, for appellant.
for defendant: Gregory W. Winters, District Attorney, Dorothy V. Hull, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0682
The 10-year delay in resolving the defendant's motion for a new trial did not violate due process because the defendant did not vigorously assert his appellate rights and did not show prej
Publication Date: 2012-06-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys: For plaintiff: Bernard S. Brody, Atlanta, for appellant.
for defendant: 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 Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
Case Number: S12A0948
Trial counsel was not ineffective for failing to cause a defense witness to testify at trial because the witness's prior test contradicted the defendant's test
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