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  • Moreno-Rivera v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charita H. Demps, Atlanta, for appellant.
    for defendant: 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 Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0904

    Trial counsel was not deficient in failing to tigate the victims' prior violent acts in a malice murder case because the defendant could not give counsel any information from which to conduct a

  • Williams v. Kelley

    Publication Date: 2012-06-29
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Rodney S. Zell Zell & Zell PC, Atlanta, for appellee.
    Case Number: S12A0615

    Appellate counsel was not deficient for failing to argue on direct appeal that the trial court erred in overcharging jury on aggravated assault because the trial court cured any

  • Leibel v. Johnson

    Publication Date: 2012-06-22
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael J. Goldman, Christine L. Mast and Joseph H. Wieseman Hawkins, Parnell, Thackston & Young LLP, Atlanta, for appellant.
    for defendant: . Richard L. Brittain, Wendell R. Bird Bird, Loechl, Brittain & McCants, Atlanta, Jenny E. Jensen and Richard E. Harris Jones, Jensen & Harris, Norcross, for appellee.
    Case Number: S11G0557

    Expert testimony as to causation is not appropriate in a legal malpractice

  • Kendrick v. State

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0009

    The trial court did not err in denying the defendant's request to charge the jury on involuntary manslaughter as a lesser included offense of felony murder, since the defendant's admitted act of pur

  • Muhammad v. State

    Publication Date: 2012-05-04
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Evans, Morrow, 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, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0180

    In the defendant's trial for the murder of his estranged wife, the trial court did not abuse its discretion in admitting similar transaction evidence of the defendant's prior arson conviction for bu

  • Ridley v. State

    Publication Date: 2012-04-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1416

    The trial court properly admitted the defendant's custodial statements made during an investigation regarding the rape of another woman, since the defendant never unequivocally asserted his right to

  • Wheeler v. State

    Publication Date: 2012-03-30
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1838

    The trial court did not abuse its discretion in admitting evidence of similar transactions that occurred between 18 and 30 years prior to the charged crimes, as the lapse of time went to the weight

  • Adel v. State

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for appellant.
    for defendant: 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 David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1397

    The trial court properly admitted testimony elicited from the roommate of the victim's acquaintance regarding his direct observations about the acquaintance's whereabouts around the time of the m

  • Ridley v. State

    Publication Date: 2012-03-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1416

    The trial court properly admitted the defendant's custodial statements made during an investigation regarding the rape of another woman, since the defendant never unequivocally asserted his right to

  • Edge v. Edge

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Elizabeth J. Kuhn Hait, Eichelzer & Kuhn, Woodstock, for appellant.
    for defendant: Vic B. Hill Hill-Macdonald LLC, Marietta, for appellee.
    Case Number: S11A1532

    Trial counsel's failure to include the husband's correct address on her motion to withdraw was an insufficient ground to set aside the custody order under O.C.G.A. § 9-11-6