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  • Nashville Restaurant Management LLC v. Gwinnett County

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas T. Hobgood and David A. Rutherford Johnson, Hobgood & Rutherford LLC, Atlanta, for appellant.
    for defendant: Karen G. Thomas, County Attorney, Michael V. Stephens II, Forrest S. Fields Jr. Gwinnett County Law Dep't, Lawrenceville, Ryan D. Worsley and Thomas T. Tate Anderson, Tate & Carr PC, Duluth, for appellees.
    Case Number: S10A2072

    Trial court violated the notice and hearing requirements of the Civil Practice Act because order imposed obligations on appellant on the same day it was added as a party without notice and the benef

  • Simmons v. Simmons

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: David A. Powell, Gainesville, for appellant.
    for defendant: Wanda L. Barnett, Jefferson, and David A. Webster, Atlanta, for appellee.
    Case Number: S10F1818

    The trial court did not abuse its discretion in requiring that husband maintain life insurance for the benefit of his child in an amount that exceeded his cumulative child support obligation because

  • Gear v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Edward D. Tolley and Ronald E. Houser Cook, Noell, Tolley & Bates LLP, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, James V. Chafin, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1387

    Evidence that the defendant fatally shot the victim supported his convictions for murder, aggravated assault and a firearms of

  • Chapa v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael C. Garrett Garrett, Gilliard & Saul, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, John A. Fitzner III, Assistant District Attorney, Mary K. McKinnon District Attorney's Office, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1639

    The evidence, including the defendant's blood at the crime scene, supported the defendant's murder convi

  • Mason v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1723

    The defendant admitted that he stabbed the murder victim, using a serrated knife, which he found in the kitchenette of the hotel room in which officers found her

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    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Wilson v. Kemp

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Milton Wilson, Alamo, proceeded pro se. Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Daniel M. King Jr., Dublin, for appellee.
    for defendant:
    Case Number: S10A1465

    The defendant was not informed that his guilty plea to voluntary manslaughter waived his privilege against compulsory self-incrimin

  • Alvelo v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Cecelia M. Harris, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1662

    The trial court erred in applying an erroneous legal standard to review the defendant's motion for a new trial on his convictions for malice murder and related

  • Morgan v. Morgan

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Wayne D. Keaton, Dallas, for appellant.
    for defendant: Sherri E. Kelley, Douglasville, for appellee.
    Case Number: S10A1365

    A party may not be held in contempt for violation of a court order unless the order informs him in definite terms as to the duties thereby imposed o

  • Crawford v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, James E. Barker, Assistant District Attorneys, Douglasville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Christopher R. Johnson, Assistant Attorney General, Douglasville, for appellee.
    Case Number: S10A1559

    The defendant's refusal to sign a Miranda waiver form did not automatically render his statement involuntary and inadmis

  • Loyd v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, and David E. Morgan III, Abbeville, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellee. Other party representation: Brian Kammer Georgia Resource Center, Richard A. Malone Prosecuting Attorneys' Council and Gerald P. Word Georgia Capital Defender, Atlanta.
    Case Number: S10P1772

    The state did not misstate the law in advising the defendant that a death penalty defendant does not have an absolute right to withdraw his plea before jud