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  • Lanham v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Craig T. Pearson Public Defender's Office Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Ronald J. Poirier, Gregory M. McConnell, Assistant District Attorneys, Hinesville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Brittany N. Jones, Assistant Attorney General, Atlanta, and Dawn Warren, Richmond Hill, for appellee.
    Case Number: S12A1348

    The state met its burden of proving beyond a reasonable doubt that venue was properly in Bryan county, as the evidence supported a finding that the cause of death was inflicted

  • Wilcher v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Madonna M. Little, Assistant District Attorneys, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1146

    The trial court did not err in admitting certain crime scene photographs because they showed different angles of the scene, the position of t tim's body, and the nature, location and extent of

  • Abston v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Frank M. Pennington II, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0877

    The defendant had the v s blood on his jeans and boots, and the defendant had a motive and opportunity to kill the v

  • Gamble v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Atlanta, for appellee.
    Case Number: S12A1223

    The trial court's Allen charge was not impermissibly coercive, regardless of the fact that the trial court gave the charge after 2.5 hours of deliberation and the jury returned a verdict less than

  • Stolte v. Fagan

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert C. Lamar and Keith A. Pittman Lamar, Archer & Cofrin LLP, Atlanta, for appellant.
    for defendant: . Terrell W. Benton III and Dean T. Cleaveland Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: S11G1871

    The Supreme Court overruled prior caselaw and held that in civil cases as well as in criminal cases, once the trial court sustains an objection to an improper argument, the trial court is required t

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Cartwright v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William J. Mason, 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 Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0686

    A defendant failed to prove his ineffective assistance of counsel claims in his trial for felony murder and a firearms of

  • Hoover v. Maxum Indem. Co.

    Publication Date: 2012-08-03
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Lance A. Cooper The Cooper Firm, Marietta, Mathew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta, for appellant.
    for defendant: Philip W. Savrin and Joshua B. Portnoy Freeman Mathis & Gary LLP, Atlanta, for appellee.
    Case Number: S11G1681; S11G1683

    An insurance company failed to properly reserve the right to assert a future d when it denied the insured's claim and did not properly notify the insured that it intended to assert the future

  • Brine v. Shipp

    Publication Date: 2012-07-20
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Angela A. Woodall, Hiram, for appellant.
    for defendant: William T. Cable Jr. Talley, Richardson & Cable, Wayne D. Keaton, Dallas, Jamie G. Averett, Cartersville, and Scott W. Shaw Shawe Law Firm LLC, Atlanta, for appellee.
    Case Number: S12F0626

    The superior court lacked subject matter jurisdiction to terminate the husband/legal father's rights in the legitimation proceeding that the biological father/intervenor brought as part of this divo

  • Griffin v. Terry

    Publication Date: 2012-07-13
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: August F. Siemon III, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0634

    To show prejudice under Strickland where appellate counsel ineffectiveness is alleged due to the failure to assert an error that carries presumed prejudice on direct appeal, the appellant must esta

  • Small v. Irving

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0182

    Plaintiff's tax title to property did not entitle him to possession, rents, issues or profits during the redemption period; however, plaintiff became entitled after the heir of a previous owner in f