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  • Williams v. State

    Publication Date: 2012-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Thomson, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1835

    The defendant's statement that I can't go on answering these questions was not an unambiguous and unequivocal assertion of the right to remain silent, but rather a part of the give and take of the i

  • Wilkinson v. State

    Publication Date: 2012-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0025

    Even considering the defendant's motion in arrest of judgment as a motion to withdraw his guilty he had to file the motion in the same term of court as the judgment on his

  • Young v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jennifer R. Burns, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ann M. Elmore, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1296

    The state did not violate Brady in failing to disclose a management report containing a consultant's findings regarding the operation of the city's police depar

  • Brown v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1469

    The indictment alleging that the defendant caused the victim's death by shooting him, sufficiently placed him on notice that the state was charging hi causing the victim's death by shooting h

  • Boykins v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant. Robert D. James Jr., District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: S11G0643

    The arresting officer's testimony failed to establish the defendant's physical location in relation to the vehicle at the time of a warrantless search incident to the defendant's arrest and provided

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  • Ardis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Bobby E. Hutson Jr., Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Marc A. Mallon, Senior Assistant District Attorneys, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1526

    Although the introduction of the non-testifying co-defendant's lengthy custodial statement, which was redacted to eliminate the defendant's name, violated the defendant's Sixth Amendment confrontati

  • Wilkes v. Terry

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: J. Scott Key, McDonough, Sarah L. Gerwig-Moore, Andrew Mahler, and Danielle L. Brewer, Macon, for appellant. Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1410

    A habeas court is not required to transfer a properly filed petition for habeas corpus to another county's superior court when the petitioner is transferred to that county for dete

  • Battles v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant. Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1181

    The defendant did not show his counsel was ineffective in questioning the doctor who treated him for a gunshot wound in a manner that led to her impeachment with a first offender plea, as the prosec

  • Humphrey v. Morrow

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, Lyndsey J. Hurst and Sabrina D. Graham, Assistant Attorneys General, Atlanta, for Humphrey. Brian Kammer, Thomas H. Dunn Georgia Resource Ctr., Atlanta, and Marc F. Holzapfel, Glen Ridge, N.J., for Morrow.
    for defendant:
    Case Number: S11A0937; S11X0938

    The habeas court erred in vacating the defendant's death sentence based on the alleged ineffective assistance of his counsel in the sentencing phase of

  • Miller v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Tonya Miller. Henry A. Hibbert Cromwell & Hibbert, Atlanta, for Jabaris Miller. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Clinton K. Rucker, Chief Senior District Attorney, Marc A. Mallon, Lenny I. Krick, Senior Assistant District Attorneys, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0752; S11A0914

    The trial court violated the def 's confrontation right when it allowed a judge to testify to the contents of two petitions for temporary protective injunctions previously filed against the de