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  • State v. Brown

    Publication Date: 2016-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert D. James Jr., District Attorney, Anna G. Cross, Deputy Chief Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, and Antonio E. Veal District Attorney's Office, Decatur, for appellant.
    for defendant: Kennita N. Haley The Haley Legal Team LLC, Jule McReynolds Jr. The McReynolds Law Firm PC, Atlanta, Daryl W. Queen, Bryan J. Henderson Public Defender's Office, Gina Bernard, Michael W. Tarleton Georgia Public Defender Standards Council, Gerald A. Griggs, Andre M. Johnson, and Morris P. Fair Jr., Decatur, for appellees.
    Case Number: S16A0122

    A federal indictment involving parties unrelated to the defendants was not admissible in the defendants' trial because the indictment was mere he

  • Anderson v. Sentinel Offender Servs. LLC

    Publication Date: 2016-04-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James A. Yancey Jr., Brunswick, for appellant.
    for defendant: Amicus Appellant: Lauren S. Lucas Georgia State University College of Law, Atlanta, John B. Long, Thomas W. Tucker Tucker Long PC, John C. Bell Jr. Bell Brigham, and John R. B. Long, Augusta. John W. Campbell, Ashley D. Alfonso, Frederick O. Ferrand Swift, Currie, McGhee Hiers LLP, Atlanta, Gregory K. Hecht, and Joseph W. Cloud Hecht Walker, Stockbridge, for appellee.
    Case Number: S15Q1816

    Answering two certified questions, the Court held that tolling is authorized for privately supervised misdemeanor probated sentences under Georgia common law, and the common law rule that allows tol

  • Lowe v. State

    Publication Date: 2016-04-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Darrell B. Reynolds Sr., Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, 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: S15A1691

    The jury was authorized to disbelieve the defendant's testimony that the victim pointed a gun at him before he fatally shot her, particularly in light of the fact that the defendant failed to render

  • Amos v. State

    Publication Date: 2016-04-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek Associates LLC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Michael V. Snow, Cynthia Cartwright, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1580

    Although the defendant claimed he shot the victim in self-defense, the evidence authorized the jury to conclude that he fired his gun not out of a reasonable belief that his life was in danger, but

  • Jones v. Jones

    Publication Date: 2016-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Alonzo Nelson, Atlanta, for Denita K. Jones. Nolan Jones, Buford, proceeded pro se.
    for defendant:
    Case Number: S15A1927; S15A1928

    Although the trial court erred in calculating husband's most recently accrued arrearage, the trial court properly found him in willful contempt regarding his child support obligations as set forth i

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  • Franklin v. State

    Publication Date: 2016-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary C. Greaber Attorney General's Office, Atlanta, for appellee.
    Case Number: S15A1308

    Defense counsel was not deficient in failing to object to the admission of a witness's testimony regarding the jailhouse confession of a co-defendant, who did not testify at trial, because the tria

  • Gilreath v. State

    Publication Date: 2016-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Marcia G. Shein Law Firm of Shein Brandenburg, Decatur, for appellant.
    for defendant: Penny A. Penn, District Attorney, Sandra A. Partridge, Chief Assistant District Attorney, Cumming, 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: S15A1512

    The trial court prevented the defendant from presenting a complete defense when it granted the State's motion in limine to exclude a witness's testimony, which would have raised a reasonable inferen

  • Graves v. State

    Publication Date: 2016-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer F. Block Public Defender's Office, Cartersville, 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, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1357

    The trial court erred in purportedly merging the defendant's two felony murder counts with a malice murder count and then merging two independent felonies with the two felony murder counts, because

  • State v. Kelley

    Publication Date: 2016-02-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Curtis L. Hubbard Jr. Franklin Hubbard Clayton, and Todd E. Barbee Barbee Law Firm, Atlanta, for appellee.
    Case Number: S15G1197

    The trial court did not have the authority to accept the defendant's guilty plea to an uncharged, lesser-included offense without the State's co

  • Smith v. State

    Publication Date: 2016-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: W. Rocky Adams, Dublin, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1408

    The defendant could not prove the prejudice element of his ineffective assistance of trial counsel claim based on counsel's failure to seek a change of venue due to pre-trial publicity, because voir