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  • Thomas v. State

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1548

    The Court noted that the cases in which the Court of Appeals relied on the "actual evidence" test to merge aggravated assault crimes before the "required evidence" test in Drinkard v. Walker, 281 Ga

  • Brown v. State

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: William M. Ermine Federal Defenders for the Middle District of Alabama, Montgomery, Ala., for appellant.
    for defendant: Gregory W. Winters, District Attorney, Nancy S. Malcor, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1909

    Counsel's strategic decision to challenge the State's experts on cross-examination, rather than call a defense expert, was not unreasonable and did not constitute deficient perfor

  • Wise v. State

    Publication Date: 2013-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Heather H. Lanier, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1743

    The defendant's confession, the victim's neighbors' statements, crime scene evidence and the forensic examiner's testimony supported the defendant's malice murder convi

  • Pennie v. State

    Publication Date: 2013-01-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Richard T. Ryczek The Ryczek Firm, Lawrenceville, for appellant.
    for defendant: Richard R. Read, District Attorney, Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1436

    The defendant did not show that his counsel was ineffective in failing to request a separate jury charge on proximate causation in a case where the car in which he and his co-defendant fled the scen

  • Ellington v. State

    Publication Date: 2012-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Carl P. Greenberg, Gladys H. Pollard Capital Defender's Office, Atlanta, and David W. DeBruin Jenner & Block LLP, District of Columbia, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Donald P. Geary, Daniel J. Quinn, Assistant District Attorneys, Decatur, Samuel S. Olens, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General, Theresa M. Schiefer, and Dana E. Weinberger, Assistant Attorneys General, Atlanta, for appellee. Amicus appellant: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, Franklin J. Hogue Hogue & Hogue LLP, Macon, and J. Scott Key, Decatur. Other party representation: Brian Kammer Georgia Resource Ctr. and Richard A. Malone Prosecuting Attorney's Council, Atlanta.
    Case Number: S12P0870

    The trial court abused its discretion in precluding voir dire questioning of prospective jurors as to whether they would automatically impose the death penalty, rather than fairly considering all th

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  • Rymuza v. Rymuza

    Publication Date: 2012-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: James W. Davis, Macon, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellee.
    Case Number: S12F1507

    In a divorce action, the trial court was not required to have personal jurisdiction over the wife because the plaintiff husband was domiciled in Georgia for the 6-month period preceding the filing o

  • Toomer v. State

    Publication Date: 2012-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Nicholas E. Deeb, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0976

    The Court disapproved of Division 5 of Walton v. State, 267 Ga. 713 1997, to the extent that it suggested that an appellate court is prohibited from considering a proponent's race-neutral explanatio

  • State v. Ogilvie

    Publication Date: 2012-11-07
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Sherry Boston, Solicitor General, Wystan B. Getz, Assistant Solicitor General, and Jennifer E. Stolarski Solicitor General's Office, Decatur, for appellant.
    for defendant: Jackie G. Patterson Patterson Firm LLC, Atlanta, for appellee. Other party representation: Carlton T. Hayes Prosecuting Attorneys' Council of Georgia, Atlanta, J. David Miller, District Attorney, Valdosta, James D. McDade, District Attorney, Douglasville, and David L. Cannon Jr., Solicitor General, Canton.
    Case Number: S12G0703

    The Court of Appeals erred in reversing the defendant's conviction for second degree vehicular homicide based on her failure to stop her car for a child in a crosswalk, as the trial court had proper

  • Johnson v. State

    Publication Date: 2012-11-01
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1149

    Since the court returned guilty verdicts on both alternative counts of malice and felony m operation of O.C.G.A. § 16-1-7 vacated the defendant's life sentence for felony m

  • Higdon v. State

    Publication Date: 2012-11-01
    Practice Area:
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Jad B. Johnson and David J. Dunn Jr., LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Jennifer A. Hartline, and Elizabeth O. Evans, Assistant District Attorneys, LaFayette, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, Franklin J. Hogue Hogue & Hogue, Macon, and J. Scott Key, Decatur.
    Case Number: S12G0033

    Since the defendant's three accusations and one indictment were not consolidated or joined for prosecution, the trial court correctly concluded that each accusation and the indictment represented on