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  • McLendon v. McLendon

    Publication Date: 2015-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert K. Abbott Jr. Abbott Abbott, Vic B. Hill, and Brad E. Macdonald Hill-Macdonald LLC, Marietta, for appellant.
    for defendant: Roger W. Orlando The Orlando Firm PC, Decatur, for appellee.
    Case Number: S15F1254

    The record belied the wife's contention that the trial court based its child custody determination solely on its desire to punish her for an act of adu

  • Whatley v. State

    Publication Date: 2015-07-01
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Akil K. Secret The Secret Firm PC, Atlanta, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Susan L. Franklin, and John S. Helton, Assistant District Attorneys, Dalton, for appellee.
    Case Number: S15A0032

    The trial court properly denied the defendant's general demurrer, since she challenged O.C.G.A. § 16-13-43 subsection a 6 on its face and a facial challenge was not warr

  • BAC Home Loans Servicing LP v. Wedereit

    Publication Date: 2015-06-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Monica K. Gilroy, Tania T. Trumble, Emily H. Cobb, and Aimee D. LaTourette Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: Sam G. Nicholson and Adam W. King Nicholson Revell LLP, Augusta, for appellee.
    Case Number: S14G1862

    The trial court erred in awarding sua sponte partial summary jud to the plaintiff because he failed to carry his burden of proving that he was entitled to summary jud

  • Mohamud v. State

    Publication Date: 2015-06-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Lawrenceville, 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: S15A0586

    The defendant failed to prove his ineffective assistance of trial counsel claims after he was found guilty of murder and related c

  • Ballard v. State

    Publication Date: 2015-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for Ballard. Kevin A. Anderson Georgia Public Defender Standards Council, Atlanta, for Soun. 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, and Ryan A. Kolb Carlock, Copeland Stair LLP, Atlanta, for State.
    for defendant:
    Case Number: S15A0463; S15A0464

    The trial court properly declined to sever one co-defendant's trial from the other's, since they were the only two defendants, there was virtually no likelihood that the jury would confuse the evid

  • Norwood v. State

    Publication Date: 2015-06-08
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0379

    The trial court properly declined to merge the aggravated assault and felony murder counts for sentencing purposes, since each required proof of a fact the other did not and they were separate and d

  • White v. State

    Publication Date: 2015-06-05
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Public Defender's Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0319

    Merger of the aggravated assault and murder convictions was not required, as there was evidence of a "deliberate interval" between the defendant shooting the victim and the subsequent beating, since

  • Smith v. State

    Publication Date: 2015-06-04
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kelly L. McLain and Green B. Moore III Public Defender's Office, Gray, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Anne M. Kurtz, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0296

    The evidence supported the defendant's convictions arising out of the fatal shooting of his wife and the non-fatal shooting of his br

  • Taylor v. State

    Publication Date: 2015-05-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael W. Tarleton and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Taylor. Clare Nolan Public Defender's Office, Forsyth, for Bessent. Jacquelyn L. Johnson, District Attorney, Rocky L. Bridges, Assistant District Attorney, Woodbine, Andrew J. Ekonomou, Assistant District Attorney, Brunswick, 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 State.
    for defendant:
    Case Number: S15A0612; S15A0613

    A co-defendant's testimony linking the two appellants to the crimes was sufficiently corroborated as to one appellant but was not sufficiently corroborated as to the other appellant, and his convict

  • Lamar v. State

    Publication Date: 2015-05-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Public Defender's Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Paula K. Smith, Senior Assistant Attorney General, Arthur C. Walton, Assistant District Attorney, 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: S15A0341

    The jury was entitled to believe the alibi testimony of a man the defendant accused of being the actual murderer rather than the defendant's accusa