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  • Benford v. State

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Shalini A. Patel and Viveca B. Famber Fulton County Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, George W.K. Snyder Jr., Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0212

    Evidence that the defendant was arrested with a gun other than the murder weapon was irrelevant and would have been prejudicial, but for the overwhelming evidence of his

  • Buice v. State

    Publication Date: 2000-05-12
    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: William T. McBroom III, District Attorney, Fayetteville, and Daniel A. Hiatt, Assistant District Attorney, Griffin, for appellee.
    Case Number: S99G1612

    The trial court had authority to vacate the order nolle prossing the defendant's molestation indictment during the term in which that order was issued, because the state demonstrated a meritorious r

  • Cardio TVP Surgical Assocs. PC v. Gillis

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John C. Edwards and Blair K. Cleveland Martin, Snow, Grant & Napier, Macon, for appellant.
    for defendant: . Berrien L. Sutton Sutton & Assocs. PC, Homerville, Keith H. Solomon, Douglas, Ronald W. Hallman, Claxton, Mitchel P. House Jr. Sell & Melton, Macon, and Kenneth G. Menendez Vincent, Berg, Stalzer & Menendez, Atlanta, for appellee. Amicus Appellants: Sidney N. Summers Vincent, Berg, Stalzer & Menendez, and David C. Cook Medical Assoc. of Ga., Atlanta.
    Case Number: S99G1712

    Whether it was appropriate for the physician's assistant to harvest the plaintiff's vein was not a jury question, since the Composite State Board of Medical Examiners is the only entity who can make

  • DeKalb County v. Adams

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jonathan A. Weintraub, County Attorney, Jeffrey L. Mann, Assistant County Attorney DeKalb County Law Department, Decatur, and Harvey S. Gray Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, for appellant.
    for defendant: . William T. Mitchell Cruser & Mitchell LLP, Robert W. Cullen Cullen & Miller, Jonathan C. Peters Love & Willingham, David F. Walbert Middleton, Mathis, Adams & Tate PC, Michael B. Terry Bondurant, Mixon & Elmore LLP, Atlanta, and Robert L. McGlasson, Decatur, for appellees.
    Case Number: S00A0517

    The superior court's chief had no authority to issue any order in the defendant's case because it was under the exclusive jurisdiction of another superior court

  • Worsham v. Krause

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Paul T. Wright, Marietta, for appellant.
    for defendant: G. Phillip Beggs Moore, Ingram, Johnson & Steele, Marietta, for appellees.
    Case Number: S00A0595, S00A0773

    Absent a finding of prejudice under O.C.G.A. § 9-9-13 b or a timely application for a stay of pending arbitration, it was not error for the trial court to confirm the arbitration

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  • Gaines v. Sikes

    Publication Date: 2000-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Stephen D. Pereira Center for Prisoners' Legal Assistance, Roswell, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and James J. Phillips, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0098

    Defendant's habeas petition raising an ineffective assistance claim was not completely unsupported, since he introduced a transcript showing that his attorney did not object to the trial court's imp

  • Nance v. State

    Publication Date: 2000-03-10
    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, Phil Wiley, Chief Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Allison B. Goldberg, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, Thomas H. Dunn Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P1518

    The trial court should have dismissed a prospective juror who stated she would always impose the death penalty if the defendant was convicted and the state proved aggravating circumst

  • Johnson v. State

    Publication Date: 2000-03-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer N. Foster, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker and David E. Langford, Assistant District Attorneys, Atlanta, for appellee. Amicus appellants: James C. Bonner Jr. Georgia Indigent Defense Council and Michael Mears Multicounty Public Defender, Atlanta.
    Case Number: S99G0759

    Trial courts have discretion to admit expert testimony regarding the reliability of an eyewitness's identific

  • Shields v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Joseph A. Homans Fox, Chandler, Homans, Hicks & McKinnon, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, Margaret Schnee-Gregory, Deputy District Attorney, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1774

    Since there was no evidence that the defendant and the victim struggled or otherwise indicated that defendant shot herself in self-defense, evidence of the victim's prior violent acts was inadmis

  • Robinson v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jana M. Whaley, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Elizabeth A. Baker, Assistant District Attorneys, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0029

    Since state crime lab expert could not say what effect cocaine had on the murder victim, his testimony that the victim consumed cocaine and a detective's testimony that the victim had cocaine in his