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Publication Date: 2003-06-13
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 Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta for appellee.
Case Number: S03A0220
Double jeopardy did not bar defendant's felony murder conviction after the same jury acquitted him on charges of malice murder in a bifurcated
Publication Date: 2003-06-13
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
for defendant: Patrick H. Head, District Attorney, Irvan A. Pearlberg, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
Case Number: S03A0394
The prosecutor did not impermissibly bolster a witness's credibility during her opening statement when the prosecutor said that she expected the evidence to show that the witness was tru
Publication Date: 2003-05-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Bobby L. Cook and L. Branch Connelly Cook & Connelly, Summerville, for appellant.
for defendant: Bryant G. Speed II, District Attorney, Fred R. Simpson, Chief Assistant District Attorney, Leigh E. Patterson, Assistant District Attorney, Rome, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
Case Number: S03A0034
An eyewitness identified the defendant as the shooter who fired a shot through the back window of the murder victim's
Publication Date: 2003-05-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anna E. Green, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
Case Number: S03A0891
Defendant shot the unarmed victim moments after she called 911 from a phone
Publication Date: 2003-05-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Lauren H. Williamson Hall & Williamson PC, Albany, for Nashon Perry. Ellis R. Garnett, Augusta, for Clyde. Edward R. Collier Collier & Gamble, Dawson, for James Perry. Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S03A0053; S03A0054; S03A0055
The trial court did not unfairly state the law in relation to the defendants' rights when it repeated certain charges to the
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Publication Date: 2003-05-16
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Mary A. Stearns-Montgomery and Mary C. Wolf, Marietta, for appellant.
for defendant: Robert S. Lee Gore, Lee & Curry, Austell, for appellee.
Case Number: S03A0663
The right to child support belongs to the child and cannot be waived by the pa
Publication Date: 2003-05-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Xavier C. Dicks, Stone Mountain, for appellant.
for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Rosemary Brewer, Thomas S. Clegg, Assistant District Attorneys, Decatur, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
Case Number: S03A0554
Defendant voluntarily and knowingly waived his right to appeal beyond a motion for new trial in exchange for the state's agreement not to seek the death pe
Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Christopher E. Latham and Robert J. Storms, Decatur, for appellant.
for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy District Attorney, Robert E. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
Case Number: S02A1837
Defendant's convictions for felony murder based on aggravated assault and involuntary manslaughter based on reckless conduct were mutually excl
Publication Date: 2003-04-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Marcus C. Chamblee and Stephen D. Pereira Center for Prisoners' Legal Assistance, Alpharetta, for appellant.
for defendant: Thurbert E. Baker Jr., Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.
Case Number: S03A0127
The trial court properly accepted the defendant's negotiated pleas of guilty but mentally ill to aggravated assault and interfering with government property after making a sub silentio determination
Publication Date: 2003-04-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Thomas J. Browning Browning & Tanksley LLP, Marietta, for appellant.
for defendant: Russell D. King and Patrick N. Millsaps Dupree, Poole & King, Marietta, for appellee.
Case Number: S02A1909
The Court repudiated the holding in Holder v. Holder, 226 Ga. 254 1970 and disapproved of the opinion in Carr v. Carr, 207 Ga. App. 611 1993, to the extent that automatic custody change provisions i
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