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  • Manley v. State

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

  • Lowe v. State

    Publication Date: 2010-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0804

    The defendant admitted that he fired a gun at the murder v

  • Robinson v. State

    Publication Date: 2010-06-18
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    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0428; S10A0429

    Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

  • Dyer v. State

    Publication Date: 2010-05-14
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee Sexton Lee Sexton & Assocs. PC, Stockbridge, for Dyer. J. Scott Key, McDonough, for Rozier. William K. Wynne Jr., District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0276; S10A0709

    The trial court's charge on simple assault, as a whole, correctly instructed the jurors as to that crime's proper defin

  • Robinson v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0428; S10A0429

    Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled

  • Hollins v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Khari L. Hollins, Sparta, proceeded pro se. Ashley Wright, District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0638

    The trial court correctly denied the defendant's motion for an out-of-time appeal of the conviction entered on his guilty plea to murder on the basis that the habeas court previously adjudicated his

  • Manley v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

  • Hicks v. Heard

    Publication Date: 2010-04-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Andersen Tate & Carr PC, Duluth, and Jeffrey P. Yashinsky Schur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: S09G1508

    In iff's vicarious liability action, the burden-shifting paradigm in Allen Kane's Major Dodge v. Barnes, 243 Ga. 776 1979, supported the grant of summary judgment to the defendant, because the

  • Manley v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, appellants. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0136, S10A0137

    In some cases, defendants may present an objective and significant disparity in parol eligibility on cross-examination of a state's wi

  • Thomas v. Lee

    Publication Date: 2010-03-12
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Stanley E. Harris Jr. Duffy & Feemster LLC, Savannah, for appellant.
    for defendant: Richard K. Strickland and Paul M. Scott Brown Readdick Bumgartner Carter, Brunswick, for appellees.
    Case Number: S10A0584

    The plaintiff was an at-will employee with no property interest in her employment, who was subject to termination without