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  • Smart v. State

    Publication Date: 2016-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tanya F. Miller, Atlanta, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Christine S. Barker, Jennifer P. Guyer, Lyndsey H. Rudder, Assistant District Attorneys, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0393

    The evidence was sufficient to support the defendant's convictions for malice murder and related offenses in connection with the beating death of his wife in the presence of her youn

  • Taylor v. Metoyer

    Publication Date: 2016-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Sanford A. Wallack Wallack Law PC, Atlanta, for appellee.
    Case Number: S16A0070

    The habeas court properly granted the defendant's habeas petition based on his claim of ineffective assistance of appellate counsel following his convictions on numerous counts of armed robbery and

  • Jackson v. Sanders

    Publication Date: 2016-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rebecca C. Rieder, Hannibal F. Heredia Hedgepeth, Heredia Rieder, Sidney L. Moore III The Moore Law Firm PC, James D. Summerville, and Angela R. Fox The Summerville Firm LLC, Atlanta, for appellant.
    for defendant: Divida Gude, Atlanta, for appellee.
    Case Number: S15G1896

    Although the trial court has discretion to apply O.C.G.A. § 19-6-15 subsection f 4 B, which allows the trial court to apply at least a 10 percent incremental increase per year of a parent's gross in

  • Durden v. State

    Publication Date: 2016-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: William B. Mills, Ringgold, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Benjamin B. Kenemer, Assistant District Attorney, Dalton, Daniel W. A. Peach, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0539

    A grand jury properly summoned, sworn and charged to serve during a particular term of the court may recess and reconvene as it sees fit to conduct its business in the course of that term and need n

  • Pearce v. Tucker

    Publication Date: 2016-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul W. Painter III Bowen Painter LLC, and William R. Dekle Sr. Brennan, Wasden Painter LLC, Savannah, for appellant.
    for defendant: . Aaron W. Mumford, County Attorney, Steven G. Blackerby, and Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellee.
    Case Number: S15G1310

    The Court of Appeals' decision reversing the denial of summary judgment to a police officer in a wrongful death suit arising from a detainee's suicide in his holding cell was correct under the right

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  • Starling v. State

    Publication Date: 2016-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert M. Thomas Public Defender's Office, Colquitt, for appellant.
    for defendant: Thomas C. Earnest, District Attorney, Thomas S. Bishop, Assistant District Attorney, Cuthbert, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0440

    The defendant failed to prove his ineffective assistance of counsel claims following his convictions for murder, aggravated assault, third degree child cruelty and related offenses in connection wit

  • Allaben v. State

    Publication Date: 2016-06-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0166

    Although the evidence supported the defendant's conviction for malice murder in connection with the strangling death of his wife, the trial court reversibly erred in excluding certain evidence that

  • Regent v. State

    Publication Date: 2016-06-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Tamara N. Crawford and Kenneth D. Kondritzer Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Michael V. Snow, Assistant District Attorney, Atlanta, for appellee.
    Case Number: S15G1829

    As charged in the indictment, the defendant's convictions on one count of aggravated assault and one count of aggravated battery arising out of an incident in which he twice, in quick succession, sl

  • Humphrey v. State

    Publication Date: 2016-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jamel Humphrey, Waycross, proceeded pro se. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Chief Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S16A0197

    The trial court lacked jurisdiction to entertain the defendant's untimely motion to withdraw his guilty plea to murder and should have dismissed it, rather than denyi

  • GeorgiaCarry.org v. Atlanta Botanical Garden Inc.

    Publication Date: 2016-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John R. Monroe, Roswell, for appellant.
    for defendant: . Michael L. Brown and David B. Carpenter Alston Bird LLP, Atlanta, for appellee.
    Case Number: S16A0294

    The trial court erred in dismissing a petition for declaratory and injunctive relief as to the Atlanta Botanical Garden's prohibition of weapons on its pre