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  • Wright v. State

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Nicholas G. Dumich, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Jesse D. Evans, Deputy Chief Assistant District Attorney, John R. Edwards, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0602

    The evidence showed that the defendant acted as the driver of the getaway vehicle after an armed robbery and a fatal sho

  • Wallace v. Wallace

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jacqueline N. Fortier Garnett Harrison PC, Kingsland, for appellant.
    for defendant: Michael B. Perry, Kingsland, for appellee.
    Case Number: S14F0646

    The trial court erred in failing to enter the required written findings to su its deviation from the presumptive amount of child su

  • Colton v. State

    Publication Date: 2014-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Robert N. Peterkin, Assistant District Attorney, Greenville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0703

    No evidence showed that the defendant was incapable of understanding and knowingly waiving his Miranda rights, despite his recorded I.Q.

  • Dion v. Y.S.G. Enters. Inc.

    Publication Date: 2014-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Martin L. Fierman and Stephen R. Morris The Fierman Law Firm, Madison, for appellant.
    for defendant: Jason D. Darneille Crim & Bassler LLP, Atlanta, for appellee.
    Case Number: S14A0798

    A suit for wrongful death is derivative to the decedent's right of action and here, the deceased could not have recovered in his own right pursuant to the Dram Shop Act, since he consumed the alcoho

  • Mironov v. Mironov

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gregory D. Golden Kupferman & Golden, Atlanta, for appellant.
    for defendant: Vic B. Hill Hill-MacDonald LLC, Marietta, for appellee.
    Case Number: S14A1051

    There is no basis under O.C.G.A. § 19-6-15 k 5 for a determination that both parties prevailed in the underlying action for purposes of awarding attorneys'

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Merritt v. State

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Harvey S. Wasserman, Public Defender, Royston, for appellant.
    for defendant: Brian M. Rickman, District Attorney, Clarkesville, Richard K. Bridgeman, Assistant District Attorney, Toccoa, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0748

    Trial counsel's decision not to pursue a motion to suppress evidence taken from the defendant's mobile home without a search warrant was a reasonable strategic decision, given the existence of exige

  • Carr-MacArthur v. Carr

    Publication Date: 2014-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Tamar O. Faulhaber Faulhaber Family Law LLC, Alpharetta, for appellant.
    for defendant: Christopher Carr, Byron, proceeded pro se.
    Case Number: S14A1194

    A custodial parent's voluntary surrender of physical cu can constitute a material change in conditions warranting a change of cu

  • State v. Walker

    Publication Date: 2014-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: George H. Hartwig III, District Attorney, and Daniel P. Bibler, Deputy Chief Assistant District Attorney, Perry, for appellant.
    for defendant: Angela M. Coggins Public Defender's Office, Perry, for appellee. Amicus Appellee: Gerald R. Weber Jr., Atlanta.
    Case Number: S13G1793

    The officer's command to the defendant to remove his hands from his pockets did not constitute a seizure, since the defendant did not submit to the officer's show of authority, instead choosing to f

  • DeToma v. State

    Publication Date: 2014-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Anna G. Cross, Deputy Chief Assistant District Attorneys, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0936

    The defendant freely and voluntarily entered his guilty plea to the malice murder of his 5-year-ol

  • Freeman v. State

    Publication Date: 2014-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Katherine M. Mason and H. Lee Prescott Jr. Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0880

    A trial court's ruling before the jury on the voluntariness of a defendant's statement constitutes improper comment on the evidence and amounts to a violation of O.C.G.A. § 17