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  • Ling v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee. Amicus Appellant: Chara F. Jackson, Azadeh N Shahshahani, ACLU of Georgia, Brian Steel The Steel Law Firm PC, Robert K. Woo Jr. and James A. Broussard King & Spalding LLP, Atlanta, David Wakukawa, Jennifer C. Newell ACLU and Araceli Martinez-Olguin Legal Aid Society Employment Law Center, San Francisco, Calif.
    Case Number: S10G0460

    When a defendant raises a question in a motion for a new trial as to whether the absence of a qualified interpreter violated the defendants due process rights, the trial court must make and explain

  • Allen v. State

    Publication Date: 2010-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Douglas B. Ammar Georgia Justice Project, Judith A. O'Brien, Sarah E. Scott, and Tracey K. Ledbetter Southerland, Asbill & Brennan LLP, 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, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: Clark D. Cunningham Georgia State University College of Law, Atlanta.
    Case Number: S10A1301

    An eyewitness at the scene identified the defendant as one of the shooters involved with a murder and several aggravated ass

  • Moore v. State

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1102

    Evidence of the defendant's previous arrest for cocaine possession and his previous arrest for an incident involving unprovoked gun violence was admissible since the incidents were sufficiently sim

  • Lacey v. Smith

    Publication Date: 2010-11-19
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Edwin J. Wilson Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1064

    The defendant admitted to firing a gun three times, while attempting to rob the murder victim of marijuana, and that he shot the victim and another man during the inc

  • Baker v. Wellstar Health Sys. Inc.

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jason R. Manton The Manton Law Firm LLC, Cumming, for appellant.
    for defendant: . Henry D. Green Jr. and Mary P. Adams Green & Sapp LLP, Atlanta, for appellees. Amicus Appellants: Traci G. Courville Oates & Courville, Columbus, and J. Marcus E. Howard Pope & Howard PC, Atlanta. Amicus Appellees: Thomas S. Carlock, Eric J. Frisch Carlock, Copeland & Stair LLP, Brian W. Looby, Donald J. Palmisano Jr. Medical Ass'n of Ga., Simuel F. Doster Jr. and Hunter S. Allen Jr. Allen, McCain & O'Mahoney PC, Atlanta.
    Case Number: S10A0994

    The qualified protective order granted in this case was too broad, because the order should have limited the defendant's inquiry to matters relevant to the plaintiff's medical condition, which are a

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  • Lanier v. State

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Tony A. May, Assistant District Attorney, Swainsboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1040

    The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on a police officer's passing statement about defendant's parole officer during cross-examination

  • Drake v. State

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1207

    The jury's finding of misdemeanor manslaughter as a lesser included offense of malice murder was not inconsistent with its finding of felony murder based on felony child cr

  • O'Connor v. Bielski

    Publication Date: 2010-11-12
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Larry B. Hill, LaFayette, for appellant.
    for defendant: Charles Clements Jr. Clements & Clements and William P. Slack,, LaFayette, for appellee.
    Case Number: S10A0673

    Award of attorneys' fees reversed where plaintiff's equitable partition suit was directly adverse to defendant and did not seek to enhance or preserve their common pro

  • Lawson v. Lawson

    Publication Date: 2010-10-29
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Ronald W. Hallman, Claxton, for appellant.
    for defendant: . Joseph M. Hall Hall & Kirkland PC, Springfield, George H. Rountree and Jesse A. Van Sant Brown, Rountree & Stewart PC, Statesboro, for appellees.
    Case Number: S10A0991

    No issue of genuine fact remained as to whether the decedent's will was the product of undue infl

  • Templeton v. Howell

    Publication Date: 2010-10-29
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Amy R. Snell Fulcher Hagler LLP, Augusta, for appellant.
    for defendant: . William J. Williams Johnston, Wilkin & Williams and Allen W. Johnson, Augusta, for appellees.
    Case Number: S10A0910

    Option in the testator's will for the appellant to purchase all or any of the testator's real estate, except for one acre of land upon which his residence was located, was void for lack of a clear a