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  • Mann v. State

    Publication Date: 2015-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kendall W. Carter King Spalding LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, 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: S15A0421

    The trial court did not violate the defendant's due process rights when it instructed the jury on the law of parties to a crime, despite the fact that the indictment accused the defendant of persona

  • Oliver v. McDade

    Publication Date: 2015-05-13
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert P. Marcovitch, John K. Train IV, Joshua S. Wood Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, Stephanie F. Brown, and Scott W. McMickle McMickle, Kurey Branch LLP, Alpharetta, for appellant.
    for defendant: . Caleb F. Walker and Katherine L. McArthur Katherine L. McArthur LLC, Macon, for appellees. Amicus Appellants: Laurie W. Daniel and Leland H. Kynes Holland Knight LLP, Atlanta.
    Case Number: S14G1775

    The Court of Appeals properly found that a question of fact remained as to the plaintiff's emotional distress claim following a traffic accident in which he was injured and his friend was k

  • Tepanca v. State

    Publication Date: 2015-04-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Howard W. Anderson III, Clemson, S.C., for appellant.
    for defendant: Lee Darragh, District Attorney, William C. Akins, Lindsay H. Burton, Assistant District Attorneys, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0045

    The defendant suffered no harm from the trial court merging his ma urder conviction into his felony murder conviction for sentencing, rather than merging the felony murder conviction into the m

  • Ross v. State

    Publication Date: 2015-02-05
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek Associates LLC, Atlanta, for appellant.
    for defendant: Amicus Appellant: Emily R. Chambers Alston Bird LLP, and Gerald R. Weber Jr., Atlanta. Lee Darragh, District Attorney, Lindsay H. Burton, Wanda L. Vance, Assistant District Attorneys, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1278

    Cell phone "tower dump" records were properly admitted as evidence in the defendant's murder trial, since the defendant stated at trial that she did not object to the admission and, regardless, she

  • Whiting v. State

    Publication Date: 2015-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John S. Anderson Anderson Legal PC, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Grady A. Moore, Amelia G. Pray, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1769

    The trial court's jury charge, as given, adequately informed the jury that the defendant could only be found guilty of felony murder if the conspiracy to conduct a drug transaction was "the proximat

  • Kitchens v. State

    Publication Date: 2015-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: W. Rocky Adams, Dublin, for appellant.
    for defendant: K. David Cooke Jr., District Attorney, Sandra G. Matson, Myra H. Tisdale, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1369

    The trial court did not err in declining to give the defendant's requested jury charge regarding the possible motives of testifying witnesses, as it gave the pattern jury charge on witness test

  • Griffin v. State

    Publication Date: 2015-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Benjamin T. Edwards, Assistant District Attorney, Statesboro, 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: S14A1485

    The defendant admitted to hitting the 2-year-old victim in the chest prior to the boy dying while in his

  • Allen v. State

    Publication Date: 2015-01-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas Allen, Trion, proceeded pro se. Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Gerald Mason, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S14A1706

    The pro se defendant failed to provide the Court with any arguments or citation of authority to support his contentions on a

  • Gill v. State

    Publication Date: 2014-11-20
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Nicholas E. White Public Defender's Office, Perry, for appellant.
    for defendant: George H. Hartwig III, District Attorney, Daniel P. Bibler, Deputy Chief Assistant District Attorney, Perry, 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: S14A1529

    Eyewitnesses identified the defendant as the man who approached an unarmed co-worker from behind and fatally attacke

  • Washington v. State

    Publication Date: 2014-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1327

    The trial court did not err in allowing counsel for the victim's brother to testify regarding the manner in which detectives presented a photographic lineup to his c