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  • Douglas v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Leon Hicks (Leon Hicks and Associates, P.C.), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1348

    Although the trial court properly denied defendant's motion to suppress certain evidence and did not reversibly err in admitting other evidence, the trial court did err in the sentences it imposed on defendant's convictions for malice murder and other offenses; accordingly, the Court affirmed the convictions but partially vacated the sentence and remanded for resentencing.

  • Cahill v. United States

    Publication Date: 2018-03-21
    Practice Area: Contracts | Family Law | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
    for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
    Case Number: S17Q1559

    Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.

  • De La Cruz v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Mary Terry Benton, Derin Bronson Dickerson, Francisco Gonzalez-Burgos, Tejas Surendra Patel, Kacy Brake, Emily Catherine Hootkins, Andrew J. Liebler, Andrew M. Brown (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mary Catherine Greaber, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; John Allen Lawson, Richard Lowery Perryman III (Alapaha Judicial Circuit District Attorney's Office), Nashville; Bianca Plair Goodman (Muscogee County Solicitor General's Office), Columbus, for appellee.
    Case Number: S17A1887

    21-Year Delay in Resolving Motion for New Trial Did Not Violate Defendant's Due Process Rights

  • Malverty v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Brian P. Malverty, Abbeville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Lyndsey Hurst Rudder, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1468

    The trial court properly denied defendant's motion for an out-of-time appeal following his 1986 guilty plea to two counts of felony murder, as his claim that the indictment was defective could be resolved against him on the existing record and he thus was not entitled to a direct appeal on the issue.

  • Norwood v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Jackie Glenn Patterson (Patterson Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens; David T. Lock, Savannah, for appellee.
    Case Number: S17A1354

    The trial court did not err in admitting two statements defendant made to law enforcement officers while recovering in the hospital after giving birth to a baby at home and then fatally stabbing the baby and attempting to hide the evidence.

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  • McCoy v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ryan Christopher Locke (Locke Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason (DeKalb County District Attorney's Office) Decatur, for appellee.
    Case Number: S17A1915

    Trial Counsel Did Not Fail to Conduct Thorough Cross-Examination of Witness to Shooting

  • Brown v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Glenn Williams, Jr. (Western Judicial Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; David T. Lock, Savannah; Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1582

    The Court reversed defendant's convictions for murder and related offenses because the trial court committed reversible error in admitting certain other acts evidence.

  • Brown v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Tavis Winheim (Sumter County Public Defenders Office), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Plez Higdon Hardin (Southwestern Judicial Circuit District Attorney's Office), Americus, for appellee.
    Case Number: S17A1755

    Although the evidence supported defendant's convictions for felony murder and robbery, the trial court erred in failing to merge the robbery conviction into the murder conviction, as it was the underlying predicate felony; accordingly, the Court vacated defendant's conviction and sentence on that charge.

  • Suntrust Bank v. Jedon M. Lilliston et al.

    Publication Date: 2018-02-16
    Practice Area: Civil Procedure | Dispute Resolution
    Industry: Financial Services and Banking
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Wylie Cranshaw, Simon Robert Malko (Morris, Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Brent J. Savage, Brent Jamieson Savage, Jr., Kathryn Hughes Pinckney (Savage Turner & Pinckney PC), Savannah, for appellee.
    Case Number: S17G0433

    The Court of Appeals erred in holding that a partys demand for arbitration in a renewal action may be deemed waived based on that partys conduct in the earlier, original litigation because a renewal suit is a de novo action and, thus, a partys conduct in the original action has no bearing on the question of waiver in the recommenced action.

  • Andrews v. The State

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Sydney Rene Strickland (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Amelia Greeson Pray, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1728

    The trial court did not err in finding that defendant freely and voluntarily spoke to police and thus properly denied his motion to suppress his custodial statements in his murder trial for killing a cab driver.