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  • Francis v. State

    Publication Date: 2014-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Teresa L. Smith, Public Defender, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0877

    Although there was evidence of ongoing difficulties and past acts of violence committed by the victim against the defendant, there was no evidence of any specific provocation at or around the time o

  • Mack v. State

    Publication Date: 2014-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John H. Bradley Public Defender's Office, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Stephen A. Bradley, Chief Assistant District Attorney, Milledgeville, and Daniel B. Cochran District Attorney's Office, Monticello, for appellee.
    Case Number: S14A1168

    A suspect will be considered to have "initiated" renewed contact with law enforcement authorities so as to permit further ogation only if the renewed contact was not the product of past police

  • Coxwell v. Coxwell

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas E. Cauthorn III Cauthorn Nohr & Owen, and Leslie A. D. O'Neal O'Dell & O'Neal PC, Marietta, for appellant.
    for defendant: Debbie C. Pelerose, Marietta, for appellee.
    Case Number: S14A0835

    The appropriate standard for establishing the contents of a lost antenuptial agreement is the preponderance of the evi

  • Hulett v. State

    Publication Date: 2014-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Jennifer E. Hildebrand Hildebrand Law Office PC, LaFayette, and Robert L. Stultz, Fort Oglethorpe, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Christopher A. Arnt, Chief Assistant District Attorney, LaFayette, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Sabrina D. Graham, and Dana E. Weinberger, Assistant Attorneys General, Atlanta, for appellant. Other party representation: Brian Kammer Georgia Resource Center, and Charles A. Spahos Prosecuting Attorneys' Council of Georgia, Atlanta.
    Case Number: S14P0819

    The Supreme Court affirmed the defendant's death sentences, finding that they were not imposed under the influence of passion, prejudice or any other arbitrary factor and that they were not dispropo

  • Ray v. Stevens

    Publication Date: 2014-10-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Thomas F. Jarriel, Macon, for appellant.
    for defendant: . Richard A. Epps Sr., Gray, for appellee.
    Case Number: S14A0767

    The decedent's brother lacked standing to offer the decedent's will for probate pursuant to O.C.G.A. § 5

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  • Russell v. State

    Publication Date: 2014-10-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0795

    The evidence did not support a jury charge on voluntary manslaughter in the defendant's trial for killing his estranged wife and another

  • Board of Regents of the Univ. Sys. of Ga. v. Myers

    Publication Date: 2014-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Kirsten S. Daughdril, Senior Assistant Attorneys General, and Ronald S. Boyter Jr. Attorney General's Office, Atlanta, for appellant.
    for defendant: Barton C. Solomon, Jay R. McCurdy McMahan Law Firm LLC, and Brian D. Wright The Cowan Law Firm LLC, Dalton, for appellee.
    Case Number: S14G0431

    The Court of Appeals erred in ruling that the plaintiff's ante litem notice, which stated that the amount of her loss was yet to be determined because she was still incurring medical bills and did

  • Compton v. Jackson

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0663

    The defendant did not show that his trial counsel was ineffective in failing to object to the trial court's excusal of a juror based on a conversation that occurred outside the presence of the defen

  • Brown v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Benjamin D. Goldberg, Mableton, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, 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: S14A0901

    The defendant lacked standing to contest the search of an apar since he failed to show that he had a legitimate expectation of privacy in the apar

  • Moore v. State

    Publication Date: 2014-09-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Agis R. Bray III Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki S. Bass, Assistant Attorney General, Atlanta, and Frances C. Kuo, Decatur, for appellee.
    Case Number: S14A0988

    The evidence authorized the jury to disbelieve the defendant's claim of self-defense in his murder