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  • Johnson v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: David J. Walker, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1225

    The trial court did not abuse its discretion in refusing to strike for cause a pr ive juror who indicated that he would expect a defendant to testify even though not required to do so, as the p

  • Leger v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Herman M. Kilgore Maddox Kilgore PC, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0833

    The Supreme Court affirmed the defendant's convictions for malice murder and aggravated battery in connection with the death of his estranged wife, as the evidence supported

  • Patterson-Fowlkes, Caveator v. Chancey, Ex'r

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Wilson R. Smith Smith and Jenkins PC, Vidalia, for appellant.
    for defendant: Stephen C. Andrews, Jacob A. Maurer Bodker Ramsey Andrews Winograd & Wildstein PC, Lawrence M. Merlin Friedman, Dever, & Merlin LLC, Atlanta, and William E. Hicks Hicks, Massey & Gardner LLP, Winder, for appellee.
    Case Number: S12A0888

    The evidence authorized the jury to find that the decedent possessed the capacity to execute the will in que

  • Faniel v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Charita H. Demps, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1159

    Any error in admitting evidence of the defendant's prior acquittal for shooting a man was harmless, since the defendant referred to the prior acquittal when he stated during another prior and admiss

  • Holloman v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: John R. Mobley II, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, Kevin E. Hutto, Assistant District Attorney, Tifton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine R. Thrower, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0958

    The trial court properly excused the lead investigating agent from the rule of sequestration and permitted him to remain in the courtroom at the prosecutor's table for the duration of the trial in o

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  • Curry v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert L. Wadkins, Stephen A. Craft, Victoria L. Novak and Robin H. King Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, William D. Hocutt IV, Senior Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0568

    The nearly 24-year delay between the crimes and the defendant's indictment did not violate his due process rights, since the defendant failed to demonstrate prej

  • McFarlane v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Thomas D. Wight, Lilburn, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Blair D. Mahaffey, John A. Pipkin III, Assistant District Attorneys, McDonough, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1074

    The voir dire recordation requirement in O.C.G.A. § 5-6-41 a did not apply because the defendant's was not a death penalty

  • State v. Hodges

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Anna G. Cross and Jason R. Samuels Assistant District Attorneys, Marietta, for appellant.
    for defendant: Lee William Fitzpatrick, Kennesaw, for appellee.
    Case Number: S11G1820

    The Court of Appeals erred in holding that the trial court should have allowed the defendant to present evidence in support of his justification defense about a previous incident of violence alleged

  • Rucker v. State

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: David McDade, District ADavid T. Emerson, Douglas Superior Court.ttorney, Emily K. Richardson, James A. Dooley, Assistant District Attorneys, Douglasville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0495

    The trial court properly admitted photographs of tattoos on the defendant's body, some of which were violent in nature, to show his mental competence leading up to the commission of the c

  • Jett v. Jett

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jacquelyn F. Luther, Atlanta, for appellant.
    for defendant: Steven J. Berk Berk & Moss PC, Decatur, for appellee.
    Case Number: S12A0075

    The trial court impermissibly modified the terms of the settlement agreement incorporated into the parties' final divorce decree when it attempted to compel the husband to sell or otherwise convert