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  • Walker v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenneth R. Croy Kenneth R. Croy & Assocs., Marietta, and Christopher R. Geel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Allen R. Knox, Anna G. Cross, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1492

    The state had a statutory right under O.C.G.A. § 17-7-130.1 to call its mental health expert to rebut the testimony of the defendant's expert who testified regarding the defendant's mental state at

  • Lytle v.State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: C. Samuel Rael, Atlanta, for appellant. Anne C. Allen, Assistant District Attorney, Carrollton, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1226

    No evidence showed an actual conflict in representation solely because the same public defender's office represented multiple co-indi

  • McFolley v. State

    Publication Date: 2011-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant. John G. Conger, District Attorney, Michael E. Craig, LaRae D. Moore, Letitia A. Sikes, Assistant District Attorneys, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1103

    The expert's testimony that the 6-month-old victim died from shaken baby syndrome, being hit on the head and child did not go to the ultimate issue in the case-the person responsible for the

  • Soilberry v. State

    Publication Date: 2011-10-14
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Heather H. Lanier, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0847

    The trial court erred in failing to merge the defendant's conviction for aggravated battery based on the fracture of the victim's ribs with malice m

  • Stokes v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III, Public Defender, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1011

    The defendant's admission to a number of actions consistent with the fatal injuries his 4-month-old infant suffered supported his convictions for murder, cruelty to children and aggravated ba

  • Johnson v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0721

    The defendant's arguments that the collision resulting from a high-speed chase in a stolen car was an accident rather than an aggravated assault and that theft by receiving a stolen vehicle cannot s

  • Howard v. State

    Publication Date: 2011-05-27
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael Howard, Sparta, proceeded pro se. James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, Douglasville, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0393

    Defendant's motion in arrest of judgment was untimely as defendant conceded that he filed it several years after the term of court in which he was conv

  • Marlow v. State

    Publication Date: 2011-03-18
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John. R. Burdges, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Margret B. Benson, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0228

    The defendant's statement that he killed the victim, stole a car and burglarized the home of the car's owner, supported his convictions for murder and theft by receiving stolen pro

  • Norman v. Gober

    Publication Date: 2011-03-18
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John M. Sheftall Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellant.
    for defendant: Floyd E. Propst III, Laura K. Bonander and Wade H. Watson III Caldwell & Watson LLP, Atlanta, for appellees.
    Case Number: S11A0024

    The caveator lacked standing to caveat his grandmother's

  • Scarborough v. Hunter

    Publication Date: 2011-03-11
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian C. Rank Sanders & Rank PC, Toccoa, for appellant.
    for defendant: . James E. Cornwell Jr. Cornwell Law Offices, Toccoa, for appellees.
    Case Number: S11A0346

    O.C.G.A. § 50-13-19 h gives the trial court power to review the county Board of Commissioner's acts after the Board exercises iscretion to abandon a road, not to enjoin the Board from exercisin