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  • Taylor v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Albany, Samuel S. Olens, 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.
    for defendant:
    Case Number: S11A0839

    No prejudice resulted from trial counsel's failure to request a jury charge on the state's burden of proof in a case based on circumstantial evidence, given the direct evidence adduced at trial and

  • Bowling v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jessica R. Towne and David E. Clark Clark & Towne PC, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, Rodney K. Miles, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1014

    The defendant did not establish an expectation of privacy in the medical records from his hospital admission after an accident that occurred when defendant shot the victim in the head while she driv

  • Sigal v. Sigal

    Publication Date: 2011-10-14
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kathy L. Portnoy Callner, Portnoy & Strawser PC, Atlanta, for appellant. Roger W. Orlando and Dana Dayagi The Orlando Firm, Decatur, for appellee.
    for defendant:
    Case Number: S11F0835

    Nunc pro tunc decree providing that a provisional 3-month transition period from supervised to unsupervised visitation on the part of the father had already expired by the time the decree was entere

  • Williams v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Assoc. LLC, Jennifer S. Hanson, Bruce S. Harvey and K. Julie Hojnacki, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Mary K. Ware, Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: S11A0766

    Although the defendant argued that the only evidence supporting his convictions was the uncorroborated testimony of an accomplice, the witness at issue was not an accomplice to murder and the other

  • Humphrey v. Owens

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin Humphrey, Byron, proceeded pro se. Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Joseph J. Drolet, Senior Assistant Attorney General, Angelique B. McClendon, and Paige E. Boorman, Assistant Attorneys General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1122

    Mandamus is not the proper vehicle for obtaining post-appeal review of a state court sen

  • 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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  • State v. Clements

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Julia A. F. Slater, District Attorney, Jennifer E. Dunlap, Assistant District Attorney, Columbus, for the state. Rodney S. Zell Zell & Zell PC, Atlanta, for Clements.
    for defendant:
    Case Number: S11A0628; S11X0699

    A successor judge erred in finding that the presiding judge manifestly abused his discretion in failing to dismiss a juror in the defendant's case, as the juror's action in discussing with her husb

  • Smith v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Scottie D. Smith, Pelham, proceeded pro se. Thomas J. Campbell, District Attorney, Cartersville, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0728

    The defendant was not entitled to amend his trial transcript to reflect that he was restrained during the trial by the use of a stun belt because he never adduced any evidence to support this asse

  • Jig Real Estate LLC v. Countrywide Home Loans Inc.

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes, McSwain & Hass PC, Atlanta, for appellant.
    for defendant: Paul J. Pontrelli, Richard A. Vance Stites & Harbison and Mark M. Brockington Strickland Brockington Lewis LLC, Atlanta, for appellees. Amicus appellee: Walter G. Moeling IV Bryan Cave Powell Goldstein LLP, Charles R. Bliss, John R. Bartholomew IV Atlanta Legal Aid Soc'y Inc., David A. Webster, Atlanta, and Justin M. Daniel, Baltimore, Md.
    Case Number: S11A0046

    The trial court did not err in ruling that § 9-13-172.1-authorizing rescission of foreclosure sales under certain conditions-is not unconstitutionally void for vagu

  • Hicks v. McGee

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kaye W. Burwell, Assistant County Attorney, Y. Soo Jo and R. David Ware, County Attorney, County Attorney's Office, Atlanta, for appellant.
    for defendant: . Ralph S. Goldberg Goldberg & Cuvillier PC, Decatur, for appellee.
    Case Number: S10G1220

    The trial court erred in concluding that an order, which the county clerk's office failed to forward to the DOC was a non-sentencing order, because the order reduced the length of the plaintiff's sen

  • State v. Abernathy

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Norman S. Gunter, William J. Langley, District Attorneys, Blairsville, Cathy A. Cox-Brakefield, Assistant District Attorney, Cleveland, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for the state. Douglas W. McDonald Sr. McDonald & Cody, Cornelia, for Abernathy.
    for defendant:
    Case Number: S11A0314; S11X0315

    The trial court erred in granting a new trial based on defense counsel's conflict of interest since the defendant did not show how the conflict caused divided loyalties or compromised his attorney's