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  • State v. Smith

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellee.
    Case Number: S09G1287

    The state is required to provide reasonable notice of the specific date, time and location of the grand jury presentment for individuals entitled to the protections of OCGA § § 17-7-52 and 45

  • Cook v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Suellen Fleming, Franklin, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Lynda S. Caldwell, Assistant District Attorney, LaGrange, Thurbert E. Baker, Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1649

    The defense failed to provide the state with written notice of 18 alleged acts of violence by the victims directed at third parties as USCR 31.6 B req

  • Futch v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael K. McIntyre, Palmer C. Singleton III, Harriet V. Smith Michael Kennedy McIntyre & Assocs. and John R. Martin Martin Brothers PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1544

    Trial counsel was not deficient for failing to make golden rule objection to prosecutor's comments, since the comments did not ask jurors to render a verdict that they would wish to receive in the

  • Zachery v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Christopher S. Warren Kenneth S. Nugent PC, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Albany, Thurbert E. Baker, Attorney General, Reggie A. Lampkin, Assistant Attorney General, and Kenneth B. Hodges III Baudino Law Group PLC, Atlanta, for appellee.
    Case Number: S09A1860

    The defendant fatally shot one victim as he fled the scene of an apartment robbery, one of his accomplices struck another victim with a pistol and the perpetrators then robbed three of the apartment

  • Gonnella v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Tanya D. Jeffords, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0985

    The state's failure to provide the defendant with his co-defendant's altered sentence form from his plea agreement deprived the defendant of the ability to impeach the co-defendant by demonstrating

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  • Shaw v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1126

    Defense counsel was not deficient for failing to introduce evidence of the victim's prior act where no credible evidence could be

  • Dunn v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: S09A1369

    O.C.G.A. § 42-1-12, which sets forth detailed information that sexual offenders must report, is not unconstitutionally

  • Boyd v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Charles H. S. Lyons III, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard and Henry W. Syms Jr., Assistant District Attorneys, Augusta, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1484

    Any error in admitting the victim's brother's taped statement was harmless, given the overwhelming evidence of the defendant's

  • Arrington v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: William J. Sussman and Jeffrey S. Bowman, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Teresa M. Schiefer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09P1028

    The trial court's error in admitting evidence of the defendant's prior family violence battery convictions, over his validity objection, was harmless beyond a reasonable doubt, since the battery vic

  • Russell v. Argent Mortgage Co., LLC

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Preston L. Haliburton, Snellville, for appellant.
    for defendant: Kyle S. Kotake Johnson & Freedman LLC, Atlanta, for appellee.
    Case Number: S09A0766

    The trial court erred in dismissing the plaintiff's entire complaint, since its ruling on laches pertained only to the plaintiff's claim against one defendant regarding a foreclosure