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  • Quarterman v. State

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michelle L. Holbrook Homier, Public Defenders Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Marc A. Mallon, Assistant District Attorney, Atlanta, for appellee. Amicus appellee: Thurbert E. Baker, Attorney General, and Joseph J. Drolet, Assistant Attorney General, Atlanta.
    Case Number: S07A0659

    O.C.G.A. § 24-4-60-requiring any person convicted of a felony and incarcerated in a state correctional facility to provide a DNA sample for analysis to determine the identification characters specif

  • Jackson v. Jackson

    Publication Date: 2007-10-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Nathania Stewart The Stewart Law Firm, Smyrna, for appellant.
    for defendant: Ronnie B. Jackson, Macon, for appellee.
    Case Number: S07F0945

    The trial court did not err in declining to award the wife alimony, given evidence that she mismanaged marital funds, ran up extravagant bills, failed to take advantage of her husband's employer's l

  • Patel v. State

    Publication Date: 2007-10-05
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul S. Liston, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Randall K. Coggin, Assistant District Attorney, Fayetteville, and Cindy L. Spindler, Assistant District Attorney, Griffin, for appellee.
    Case Number: S07A0889

    The defendant was entitled to a mistrial, after the trial court improperly expressed its opinion during defense counsel's opening that the state had established venue in Fayette c

  • McIntosh County Bd. of Elections v. Deverger

    Publication Date: 2007-10-05
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James A. Chamberlin Jr., Brunswick, for McIntosh County Bd. of Elections. Adam S. Poppell III, Darien, for Deverger. Richard Phillips Phillips & Kitchings, Ludowici, for Grovner. Other party representation James R. Coppage, Brunswick.
    for defendant:
    Case Number: S07A0921; S07A0922

    Given the four-vote margin of victory in the general election for District 1 seat on McIntosh County Board of Commissioners, the wrongful rejection of the four votes in question was sufficient to pl

  • Grissom v. Grissom

    Publication Date: 2007-07-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert A. Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Richard W. Schiffman Jr. and David N. Marple Davis, Matthews & Quigley PC, Atlanta, for appellee.
    Case Number: S07F0132

    The trial court erred in ruling that the wife waived any interest in a $2M home and a $4M brokerage account in a prenuptial agreement without determining the circumstance surrounding the changes in

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  • Baxley v. Hakiel Indus. Inc.

    Publication Date: 2007-07-06
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas W. Malone Malone Law Offices, Stuart B. Houck and Frank A. Ilardi Houck & Ilardi, Atlanta, for appellant.
    for defendant: Frederick M. Valz III, Ambadas B. Joshi, Bryce W. Mowbray III Carlock, Copeland, Semler & Stair LLP, Terrell W. Benton III, Jack G. Slover Jr. Hall, Booth, Smith & Slover PC, Thomas E. Magill, Laura D. Tubbs Magill & Atkinson LLP, and Del Percilla Jr., Atlanta, for appellees.
    Case Number: S06G1899

    The spoliation doctrine dictated a presumption against the first defendant in plaintiff's dram shop suit, since the first defendant's manager was aware of her customer's involvement in the accident

  • Grayer v. State

    Publication Date: 2007-07-06
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0450

    Conviction and sentence for cruelty to children reversed as the trial court erred in failing to merge that conviction into the defendant's felony murder conviction for the death of an extremely prem

  • Cook v. State

    Publication Date: 2007-07-06
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Terry O. Cook, Sparta, proceeded pro se. Peter J. Skandalakis, District Attorney, Lynda S. Caldwell, Assistant District Attorney, LaGrange, Thurbert E. Baker, Attorney General, and Amy E. Morelli, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S07A0810

    The trial court properly denied the defendant's motion for an out-of-time appeal, because his new trial motion was still pe

  • Wagner v. State

    Publication Date: 2007-06-29
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Franklin J. Hogue and Laura D. Hogue Hogue & Hogue, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Thurbert E. Baker, Attorney General, Susan B. Boleyn, Senior Assistant Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0002

    Mixing the elements of malice murder and felony murder by including the phrase ' :intentionally and with malice aforethought" ' in the felony murder charge was a material defect requiring the court

  • Vereen v. Deutsche Bank Nat'l Trust Co.

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jamie A. Scaringi-Cherry Deming, Parker, Hoffman, Green & Campbell, Norcross, for appellant.
    for defendant: John E. Robinson McLarty, Robinson & Van Voorhies LLP, William J. Linkous III, Terri Gordon DeKalb County Law Dep't, Decatur, and Monica K. Gilroy McCalla Raymer LLC, Roswell, for appellee.
    Case Number: S07A0519

    The trial court did not err in finding that fee simple title to the disputed property was vested in the appellee, since the bankruptcy court's annulment of an automatic stay and filing of a deed und