• Smiley v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary. K. Ware, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1701

    Defense counsel's misstatement regarding the date of the defendant's alibi during questioning of a witness was harmless, since the transcript of the questioning makes it clear that both counsel and

  • Pineda v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Ashley Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1643

    The evidence did not support the jury's finding that the defendant was guilty of malice murder of an unborn child, since the only evidence record showed that the unborn child was alive solely

  • Campbell v. Altec Indus. Inc.

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Douglas F. Aholt Chambers, Aholt & Rickard LLP, Jeffrey J. Hayward, and Scott A. Farrow Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . John H. Horne and Marlo O. Leach Adorno & Yoss, Atlanta, for appellees.

    Case Number: S10Q1379

    The statute of repose found in O.C.G.A. § 51-1-11 b 2 begins to run when a finished pr is sold as new to the intended consumer who is to receive the pr

  • Bellew v. Larese

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Regina M. Quick, Athens, for appellant.
    for defendant: Christopher T. Anderson Timmons, Warnes & Anderson, Athens, for appellee.

    Case Number: S10A1334

    A trial court's subject matter jurisdiction to make an initial child custody determination is heavily dependent on a child's home state, which is defined as ' "the state in which a child lived with

  • Jones v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Robert L. Persse and Stuart H. Patray, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1583

    The defendant failed to demonstrate the prejudice required to show ineffective assistance of counsel because the evidence of his guilt was overwhe

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  • Render v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, R. Javoyne H. White, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1399

    Generally, a mere verbal inaccuracy in a jury instru resulting from a slip of the tongue, which could not have misled or confused the jury, will not provide a basis for reversal of a convi

  • Upperman v. State

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Adam Upperman, Oglethorpe, proceeded pro se. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S10A2074

    The matters, which the defendant raised in his motion for an out-of-time appeal of his 1999 negotiated guilty plea to three counts of malice murder and one count of armed robbery, could be resolved

  • Woods v. Bradford

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Chadwick D. Plumley Plumley & Bucci LLC, Dallas, for appellant.
    for defendant: Donald R. Donovan, Douglasville, for appellee.

    Case Number: S10A0636

    The parties' 2001 child custody order specifically set the defendant's child support obligation for his minor child in the plaintiff's custody at $640.87 per

  • DeRyke v. Teets

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jordan J. Hendrick and Mary A. Stearns-Montgomery Sterns-Montgomery & Assocs., Marietta, for appellant.
    for defendant: Jason S. Adler, Robert J. Kaufman and Vito S. I. Loiacono Kaufman, Miller & Sivertsen, Atlanta, for appellee.

    Case Number: S10A0710

    Section 3 of the parties' agreement completely, clearly and unambiguously expressed the parties' intent that the beneficiary spouse released any and all interest in the other party's benefits at the

  • Younger v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Associates LLC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Stephen A. Fern, Lisa A. Jones Assistant District Attorneys, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1233

    The trial court did not err in finding that the state provided a race-neutral explanation for striking a potential African-American juror, namely that the juror previously had a bad experience with