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  • Johnson v. Fayette County

    Publication Date: 2006-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles W. Byrd Walker, Hubert, Gray, Byrd & Christy, Perry, and William H. Noland Groover & Childs, Macon, for appellant.
    for defendant: Dennis A. Davenport McNally, Fox & Grant PC, Fayetteville, for appellee. Amicus appellee: Michael A. Caldwell DeLong, Caldwell & Bridgers LLC, and Joseph A. Fried Henry, Spiegel, Fried & Milling LLP, Atlanta, for appellee.
    Case Number: S06A0160

    A question remained as to whether the Fayette County Marshal's Department was in existence and operating as a county police force on January 1,

  • State v. Fielden

    Publication Date: 2006-05-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor General, Valdosta, for appellant.
    for defendant: Robert A Plumb Jr. Langdale & Vallotton LLP, Valdosta, for appellees. Amicus Appellant: Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta.
    Case Number: S06A0282; S06A0283

    O.C.G.A. § 16-11-34 a's prohibition on disrupting a lawful meeting is unconstitutional because it is over

  • Glover v. State

    Publication Date: 2006-05-12
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0681

    The defendant shot and killed his girlfriend and fled the scene in he

  • Davis v. State

    Publication Date: 2006-04-07
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, James C. Bonner Jr., Sarah L. Gerwig-Moore and Leigh S. Schrope Georgia Pub. Defender Council, Atlanta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Charles M. Stines, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: S05G1554

    The Court of Appeals erred in failing to dismiss the defendant's untimely appeal of the denial of his amended motion for a new

  • Corbett v. Corbett

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: James D. Crowe, Athens, for appellant.
    for defendant: M. Kim Michael Cook, Noell, Tolley, Bates & Michael, Athens, for appellee.
    Case Number: S06F0328

    The parties' antenuptial agreement was unenforceable, because the husband failed to disclose his i

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Dickens v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, John S. Melvin, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A2077

    Trial counsel's proffer of an uncalled witness's testimony constituted hearsay and could not serve to establish the defendant's claim that the witness's testimony would have been relevant and favo

  • Brown & Williamson Tobacco Corp. v. Gault

    Publication Date: 2006-03-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Dorian N. Daggs Balch & Bingham LLP, William R. Bassett Jr., William E. Hoffmann Jr., Eric M. Wachter, Richard A. Schneider and Gordon A. Smith King & Spaulding LLP, Atlanta, for appellant.
    for defendant: Ralph I. Knowles Jr., Robert E. Shields, Leslie J. Bryan Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, and Clifford E. Douglas Tobacco Control Law & Policy Consulting, Ann Arbor, Mich., for appellees. Other party representation: Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, and Sidney R. Barrett Jr., Assistant Attorney General, Atlanta.
    Case Number: S05Q1465

    The state's product liability suit against the defendant, arising out of the manufacture or use of tobacco products, was a binding judgment, which unambiguously released and resolved the state's pun

  • Bibbins v. State

    Publication Date: 2006-03-10
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Ronald J. Ellington and Eric D. Hearn Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomas J. Ison Jr. and Cindy L. Spindler, Assistant District Attorneys, Fayetteville, for appellee.
    Case Number: S05G0689

    The Court of Appeals erred by entertaining the appeal of the grant of the defendant's motion to suppress drugs found during a traffic stop, since the trial court failed to make any conclusions of la

  • Terry v. Jenkins

    Publication Date: 2006-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, Brunswick, Thurbert E. Baker, Attorney General, Christopher D. Helms, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Hayward H. Smith, Ogden N. Lewis and Andrew Dean Davis, Polk & Wardwell, New York, NY, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Center, Atlanta.
    Case Number: S05A2064

    Defense counsel performed deficiently in the guilt/innocent phase of the death penalty defendant's trial by miscommunicating to each other about the role each would play and doing very little to pre

  • Morrison v. State

    Publication Date: 2006-02-24
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Matthew D. Crosby, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: S05G1136; S05G1147

    The Supreme Court declined to create a sua sponte remedy for the state's violation of Article V d of the Interstate Agreement on Deta