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  • Poellnitz v. State

    Publication Date: 2014-11-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Barry M. Hazen and Thomas M. West, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1573

    A prior inconsistent statement of a witness who takes the stand and is subject to cross-examination is admissible both to impeach the witness and as substantive evi

  • Faulks v. State

    Publication Date: 2014-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, 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: S14A1339

    The trial court did not err in charging the jury on forms of aggravated assault other than that charged in the indic

  • Perera v. State

    Publication Date: 2014-09-30
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A1109; S14A1110

    The State properly proved venue in Douglas County, since the victim's body was discovered there and it could not be determined whether his death occurred there or else

  • Wingster v. State

    Publication Date: 2014-09-29
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenneth W. Sheppard, Smyrna, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1096

    Several eyewitnesses saw the defendant walk up to the victim and fatally shoot him in his head and

  • Bragg v. State

    Publication Date: 2014-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: William A. Adams Jr. Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, 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: S14A0832

    The trial court properly admitted evidence of three similar transactions where the defendant solicited others to kill her former husband to show identity, state of mind, common design or scheme and

  • Geiger v. State

    Publication Date: 2014-09-26
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Marnique W. Oliver, Swainsboro, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Joe G. Skeens, Assistant District Attorneys, Hinesville, 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: S14A0637

    The inadvertent failure to remove the defendant's leg shackles when he entered the courtroom prior to jury selection did not constitute the admission of improper character evi

  • Trauth v. State

    Publication Date: 2014-09-25
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0979

    The record belied the defendant's contention that his trial attorneys were deficient in failing to properly inform him about the possibility of voluntary manslaughter and involuntary intoxication d

  • Avery v. State of Ga.

    Publication Date: 2014-07-03
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles K. McKnight Jr. and Gary J. Toman Nations, Toman & McKnight LLP, Atlanta, for appellant.
    for defendant: . Donald R. Donovan, District Attorney, Steven J. Messinger, Chief Assistant District Attorney, Dallas, James R. Woodward Alston & Bird LLP, Atlanta, William T. Cable Jr., James J. Phillips Talley, Richardson & Cable PA, Dallas, Norman S. Fletcher, and Lee B. Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellees.
    Case Number: S14A0792

    The trial court did not err in validating a $3.6M bond to be issued by the county Airport Authority for use in widening and extending the taxiway at the county airport to accommodate commercial pass

  • DeCay v. Houston

    Publication Date: 2014-05-08
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A0412

    The special master had no conflict of interest because she was appointed by a Stipulated Conflict Waiver, which the parties had agreed

  • Fulton Cnty. v. City of Sandy Springs

    Publication Date: 2014-04-02
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Larry W. Ramsey Jr., Kaye W. Burwell, Assistant County Attorneys, Matthew C. Welch, and Laura S. Lewis Fulton Cnty. Attorney's Office, Atlanta, for appellant.
    for defendant: . Lawrence D. Young Lawrence Young & Associates PC, Atlanta, and Wendell K. Willard, Sandy Springs, for appellees.
    Case Number: S14A0114

    The defendant county is responsible for maintaining the dam and ponds it built pursuant to two ease which are now located in an incorporated city, for as long as the county holds the ease