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  • Fennell v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Amy L. Ihrig and Falen O. Cox Public Defender's Office, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0153

    The defendant's pre-Miranda statements to police were admissible at trial, since he was not in custody at the time, as evidenced by the fact that he voluntarily went to the police station for his in

  • Mitchell v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and August F. Siemon III, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0319

    The redaction of certain portions of the defendant's statements to police did not affect the outcome of the trial, since the same evidence in the defendant's recorded statements was admitted through

  • Stacey v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III and John W. Kraus Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, 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: S13A0268

    The evidence was not sufficient to support the defendant's conviction for theft by receiving, since there was no evidence showing that he knew or should have known that the gun was stolen when he r

  • Jahanbin v. Rafieishad

    Publication Date: 2013-04-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: L. Matt Wilson and James M. Wilson The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Fariba B. Teimori, Mandelyn G. Moyer Law Offices of Fariba Bayani, Sandy Springs, and James J. Macie, Jonesboro, for appellee.
    Case Number: S13F0190

    The trial court lacked jurisdiction to enter a final judgment and decree in a divorce action, since service of process on the husband was not proper as the clerk of court had directed someone else t

  • Harvey v. State

    Publication Date: 2013-04-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James E. Bischoff Bischoff & White PC, Fayetteville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0598

    DNA evidence matching the defendant, handwriting analysis of a note police found on the victim's body, and similar transaction witnesses' testimonies supported the defendant's convictions for malice

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  • Harris v. Upton

    Publication Date: 2013-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Thad C. Kodish, Brian P. Boyd, Jack P. Smith III, General Counsel, Erin P. Alper, General Counsel, and Jacqueline Tio Fish & Richardson PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth A. Harris, and Sara K. Sahni, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S12A1498

    Appellate counsel was not deficient in failing to locate the defendant's trial counsel for the motion for new trial hearing, since she attempted to contact him using information from State Bar reco

  • Huff v. State

    Publication Date: 2013-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Frances C. Kuo, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, John A. Warr, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0075

    The evidence supported the defendant's conviction for malice murder since the jury was not required to return a verdict for voluntary manslaughter under the facts of the

  • Reaves v. State

    Publication Date: 2013-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Tommy K. Floyd, James L. Wright III, District Attorneys, Thomas L. Williams District Attorney's Office, McDonough, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0222

    The defendant caused his 11-year-old daughter's death as the result of renal failure triggered by the release of myoglobin due to severe trauma to her

  • Vines v. Vines

    Publication Date: 2013-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: David T. Blackburn Blackburn & Blackburn, Dalton, for appellant.
    for defendant: . Robert D. Jenkins Sr., Dalton, for appellee.
    Case Number: S13A0330

    Substantial evidence showed that the father and the stepmother continued to fail to comply with the trial court's previous orders pertaining to their harassment and degradation of the mother, despit

  • Smith v. State

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: James N. Finkelstein, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Matthew Breedon, Heather H. Lanier, Chief Assistant District Attorneys, Albany, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    Case Number: S13A0124

    The State could retry the defendant on the felony murder charge after the jury found him guilty of aggravated assault and aggravated battery but failed to reach a verdict on murder, since the trial