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  • Shelton v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Walker L. Chandler, Zebulon, for appellant.
    for defendant: William T. McBroom III, District Attorney, Griffin, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0257

    There was no likelihood of confusion from a joint trial, since there were only two co-defendants who acted in concert to rob and kill the victim and their defenses were not antagon

  • Perkinson v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Thurbert E. Baker, Attorney General, Mitchell P. Watkins and Patricia B. Attaway Burton, Assistant Attorneys General, Atlanta for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes, Georgia Capital Defender, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S04P1845

    The trial court did not reversibly err in giving the pattern instruction on mental retardation, even though it improperly adds "at the time of the commission of the off

  • Perkinson v. State

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Thurbert E. Baker, Attorney General, Mitchell P. Watkins and Patricia B. Attaway Burton, Assistant Attorneys General, Atlanta for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes, Georgia Capital Defender, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S04P1845

    The trial court did not reversibly err in giving the pattern instruction on mental retardation, even though it improperly adds "at the time of the commission of the off

  • Moore v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A2037

    The defendant was not entitled to a mistrial based on a witness's testimony that the victim was "murdered," since the trial court gave curative instructions and struck the witness's improper res

  • Brock v. Brock

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Clifton M. Patty Jr., Ringgold, for appellant.
    for defendant: E. Crawford McDonald McDonald, Kinnamon & Thames, Dalton, for appellee.
    Case Number: S04F2054

    The trial court erred in finding that the wife held the marital home in an implied trust after her husband deeded it to her to protect it from potential creditors, since there was no evidence of a m

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  • Styles v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Maryann F. Blend Blend & Michael LLC, Decatur, for appellant.
    for defendant: Jeffrey H. Brickman, District Attorney, Robert M. Coker, District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0466

    The defendant was not entitled to severance where there were only two defendants, both defendants denied involvement in the crimes and the co-defendant's stat would have been admissible as sta

  • Stephens v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Veronica E. Brinson, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Dorothy V. Hull, Assistant District Attorney, Macon, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1894

    The charge of possession of a firearm by a convicted felon was sufficiently connected to the felony murder to serve as the underlying felony, since the defendant was a convicted felon and he posses

  • Sampson v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: Jeffrey D. Brickman, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1844

    The co-defe s statement to two inmates that "one of the guys" shot somebody and also shot himself during a robbery did not directly inculpate the defe

  • Jones v. State

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Eugene Felton Jr., Assistant District Attorney, Macon, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A2098

    The defendant failed to show that his trial counsel was defi

  • Brite v. State

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Eugene Felton Jr., Assistant District Attorney, Macon, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0031

    Similar transaction evidence of an unindicted murder was admissible to show the defendant's bent of mind, since both crimes involved "grudge" killings and the defendant shot both victims at point bl