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  • State v. Ponce

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Timothy G. Madison, District Attorney, and Robin R. Riggs, Assistant District Attorney, Winder, Tamara Nowlin, Assistant District Attorney, Homer and Thurbert E. Baker, Attorney General, Atlanta, for appellee. Jennifer S. Hanson, Bruce S. Harvey, David W. Martin and Kimberly A. Dymecki, Atlanta, for appellee. Amicus appellant: Denise D. Fachini, District Attorney, Cordele.
    for defendant:
    Case Number: S05G0878

    Courts must take judicial notice of rules and regulations promulgated by the commissioner of the Department of Motor Vehicle Safety DMVS and the Public Service Commission and thereafter adopted by t

  • Farrish v. Farrish

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Gus L. Wood III Wood, Odom & Edge PA, Newnan, for appellant.
    for defendant: Delia T. Crouch, Newnan, for appellee.
    Case Number: S05F1180

    The appellant appropriated marital assets after the parties separation, which he did not account for, and he accumulated substantial debt supporting his paramour and her family to the detriment of

  • Jones v. Jessup

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert B. Turner and Kathryn H. Pinckney Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Adam S. Poppell III, Darien, Fletcher Farrington, Savannah, and Douglas W. Alexander, St. Simons Island, for appellees.
    Case Number: S05A0847

    A candidate for Sheriff of McIntosh county did not meet his burden of demonstrating an irregularity or illegality sufficient to change the result of the primary election or place it in

  • Williams Gen. Corp. v. Stone

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul E. Andrew Andrew, Merritt, Reilly & Smith, Lawrenceville, Benjamin E. Fox and John E. Floyd Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: William W. White Dwyer & White, for appellees. Other party representation: William S. Stone Boone & Stone, Blakely, and Antoinette D. Johnson Boone & Stone, Atlanta. Amicus appellant: Denise D. Fachini, District Attorney, Cordele.
    Case Number: S04G1343

    The trial court correctly charged the jury that the burden of proof on a RICO claim was a preponderance of the evi

  • Sims v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John W. Bonds Jr., Sidney L. Moore III Sutherland, Asbill & Brennan LLP, and Jo Carol Nesset-Sale, Atlanta, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee. Amicus appellant: Michael B. Terry, Sarah M. Shalf Bondurant, Mixson & Elmore LLP, Sabrina D. Rhinehart and James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S04G1689

    The standard of appellate review of a judgment entered on a special verdict that a criminal defendant is competent to stand trial is whether, after reviewing the evidence in a light most favorable t

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Glaze v. Lemaster

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Robert L. Mack Jr. Glaze, Harris, Arnold & Mack PC, Jonesboro, for appellant.
    for defendant: Joseph M. Todd, Jonesboro, for appellee.
    Case Number: S05A0656

    The decedent's deviation from the procedure set forth in the attestation clause did not invalidate the execution of her

  • Thomas v. State

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0747

    A detective did not impermissible convey his view of the truthfulness of witnesses at trial when he testified that he concluded on the day of the shooting that two witnesses were not inv

  • Roberts v. Burgess

    Publication Date: 2005-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael L. Chidester, Byron, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Robert W. Smith Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0095

    O.C.G.A. § 40-5-22 c 2 and 7-pertaining to the issuance of a Georgia motor vehicle license to a driver whose out-of-state license has been revoked-is constitut

  • Mitchell v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0200

    The defendant choked the victim to death with an electrical cord after a third man told him that the victim's brother was responsible for the death of that man's cousin several years ea

  • Nixon v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, John B. Johnson III, Chief Assistant District Attorney, Jesup, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0267

    The defendant shot the victim twice in response to a heated arg