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  • Hendrix v. State

    Publication Date: 2015-11-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1169

    The trial court erred in convicting and sentencing the defendant on both malice murder and felony murder, because there was only one victim; in merging the possession of a firearm by a convicted fel

  • Redding v. State

    Publication Date: 2015-10-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Kevin A. Anderson and Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0985

    The trial court properly admitted certain similar transaction evidence in the defendant's murder trial, as the State offered the evidence for the appropriate purpose of establishing the defendant's

  • Thomas v. State

    Publication Date: 2015-10-20
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Peter K. Odom The Odom Law Firm, Marietta, and Mary Katherine Durant Durant Law LLC, Tucker, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, John R. Edwards, Daniel J. Quinn, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0796

    The trial court's refusal to give the defendant's requested jury instruction on accident did not affect the outcome of the trial, as the jury's conclusion that the defendant acted with malice necess

  • Burton v. Glynn County

    Publication Date: 2015-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jason M. Tate, James L. Roberts IV, and Lacey L. Houghton Roberts Tate LLC, St. Simons Island, for Burton. Aaron W. Mumford, County Attorney, Gregory T. Carter, Bradley J. Watkins, and Emily R. Hancock Brown Readdick Bumgartner Carter, Brunswick, for Glynn County. Amicus Appellee in Case No. S15A0082 Amicus Appellant in Case No. S15X0083: Mary H. Moses, St. Simons Island.
    for defendant:
    Case Number: S15A0082; S15X0083; S15A0626; S15X0627

    The property owners' use of their St. Simons Island property as an event venue violated the county's zoning ordi

  • Rai v. State

    Publication Date: 2015-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Elizabeth A. Brandenburg Shein Brandenburg, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lori L. Canfield, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0243

    The evidence supported the defendant's convictions for murder, burglary and related offenses after he hired accomplices to kill his daughter-in-law because he disapproved of his son's interracial m

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Jones v. Boone

    Publication Date: 2015-07-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Ronny E. Jones, Monticello, proceeded pro se. James S. Green Boone, Scott Boone, Irwinton, for appellee.
    for defendant:
    Case Number: S15A0521

    The trial court properly granted a writ of quo warranto after determining that the mayor of the City of Gordon did not possess the power to appoint the appellant as city att

  • Pena v. State

    Publication Date: 2015-07-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Tracie H. Cason, Deputy Chief Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0430

    The evidence supported the defendant's convictions for malice murder and related crimes, as the jury was entitled to reject his self-defense

  • Fleming v. State

    Publication Date: 2015-07-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Benjamin A. Pearlman, Public Defender, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Chief Assistant District Attorney, Athens, for appellee.
    Case Number: S14G1811

    The defendant was not entitled to sentence credit for time she spent in a drug court program before she was terminated from the program for failure to comply with its terms, conditions and

  • Dailey v. State

    Publication Date: 2015-07-02
    Practice Area:
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    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Danny L. Durham Durham Crane Law Firm PC, Augusta, and Charles R. Sheppard, Evans, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0587

    The trial judge's comments to defense counsel in the jury's presence, although unnecessary, in no way constituted the type of direct comment on the substance or weight of the evidence that runs afou

  • O'Connell v. State

    Publication Date: 2015-07-01
    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, Christopher M. Quinn, Senior Assistant District Attorney, Dan W. Mayfield, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0344

    The evidence supported the defendant's convictions for malice murder, felony murder and aggravated assault after she and her adoptive sister strangled their adoptive mother to