• Lawrence v. State

    Publication Date: 2010-02-05
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary K. Bahl, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Assistant District Attorney, Valdosta, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A1677

    The defense counsel was not deficient for strategically deciding not to cross-examine certain of the state's witnesses, as cross-examining those witnesses would have given them a chance to further i

  • Bridges v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, for appellee.

    Case Number: S09A1801

    The trial court's pre-voir dire instructions to the jury pool did not shift the burden of proof to the defe

  • Gutierrez v. State

    Publication Date: 2009-10-30
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Luana Popescu and Jason B. Green, Assistant District Attorneys, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0843

    The defendant's aggravated assault conviction did not merge with his conviction for murder, because the evidence showed that the aggravated assault offense was completed prior to the incident that s

  • Smith v. State

    Publication Date: 2009-08-07
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Oliver J. Browning Jr., Buchanan, for appellant.
    for defendant: Robert E. Brooks Jr., District Attorney, Craig E. Miller, Assistant District Attorney, Buchanan, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S09A0224

    An officer pursuing the defendant, an escaped prisoner, collided with another car at an intersection, killing the vehicle's d

  • Carter v. State

    Publication Date: 2009-07-02
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, James A. Carmichael, Assistant District Attorney, Hartwell, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0228

    The defendant fatally shot his brother in the head as his brother was running away fro

  • Watkins v. State

    Publication Date: 2009-05-08
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Ronald S. Boyter Jr. Georgia Justice Project, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Grady A. Moore, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0472

    The trial court did not err in crediting a juror's testimony that no extrajudicial experimentation occurred during trial over defense counsel's contrary testimony at the new trial he

  • Moore v. State

    Publication Date: 2009-03-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0119

    The defendant's convictions did not merge, because the evidence supported a finding that there was an interval between the completed c

  • Bowling v. State

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lyle K. Porter and Jeffrey B. Hicks, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Rodney K. Miles, Assistant District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S09A0361

    The 52-month delay between the defendant's arrest and the date of his second motion to dismiss, though presumptively prejudicial, was insufficient under the circumstances for the defendant to prevai

  • Alexander v. State

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rex B. Abernathy and Andrea H. Strawn Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Michael J. Moeller, Assistant District Attorney, Summerville, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S08A1586

    The defendant shot the victim, ran over his legs, then escaped from police custody by sliding out of the police car's backseat and fleeing to his sister's

  • Bridges v. State

    Publication Date: 2009-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, for appellee.

    Case Number: S09A1801

    The trial court's pre-voir dire instructions to the jury pool did not shift the burden of proof to the defe