• Folston v. State

    Publication Date: 2014-03-13
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: James S. V. Weston Trotter Jones LLP, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Titus T. Nichols District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0062

    Defense counsel was not deficient for not making a futile objection to the admission of the co-conspirator's declaration against the defendant in this case involving malice murder and related c

  • Lewis v. State

    Publication Date: 2014-02-27
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, David K. Getachew-Smith, Chief Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Meghan H. Hill, and Jason C. Fisher, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S13A1532

    The defendant's first appellate counsel was not deficient iling to present testimony at the new trial hearing that would have allegedly shown that the defendant's trial counsel was ineffective

  • Hanes v. State

    Publication Date: 2014-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: David D. Marshall, Marietta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Zina B. Gumbs, Assistant District Attorney, Decatur, 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: S13A1428

    The defendant fatally shot one victim in the chest at close range and shot the other victim in the arm as that victim ran

  • Wilkerson v. Hart

    Publication Date: 2014-02-26
    Practice Area:
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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: 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: S14A0036

    The trial court erred in denying habeas relief as to the petitioner's kidnapping convictions, as the facts did not satisfy Garza's asportation requir

  • Brown v. Parody

    Publication Date: 2013-11-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Daniel W. Hamilton Shepard, Plunkett, Hamilton & Boudreaux LLP, Augusta, for appellant.
    for defendant: Timothy Parody, Grovetown, proceeded pro se. Sarah L. Gerwig-Moore Mercer Law School, Macon, and J. Scott Key, Decatur.

    Case Number: S13A0899

    A divided Supreme Court held that the habeas court erred in ruling that the undisputed facts showed that plea counsel was deficient with regard to consideration of the defendant's compe

  • Jackson v. State

    Publication Date: 2013-11-07
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Alixe E. Steinmetz Public Defender's Office, Atlanta, 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 Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S13A0937

    The evidence authorized the jury to find that the defendant arranged to buy cocaine from the victim and also arranged for her friend and drug business cohort to rob the victim at gunpoint, during wh

  • Coggins v. State

    Publication Date: 2013-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Charles R. Sheppard, Assistant District Attorney, Evans, 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: S13A1134

    The defendant fatally stabbed the victim twice in the chest and admitted to several people that he d

  • Bryant v. State

    Publication Date: 2013-10-10
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charita H. Demps, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, 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: S13A1017

    The evidence supported the defendant's convictions arising from the rape and murder of his former girlfriend's m

  • Hasty v. Castleberry

    Publication Date: 2013-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Roy E. Barnes, Allison B. Salter, and James C. Tribble The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Laura K. Bonander and Wade H. Watson III Caldwell & Watson LLP, Atlanta, for appellee.

    Case Number: S13A0989; S13A1189; S13A1190

    The appellant did not breach his fiduciary duty as trustee for the parties' parents' respective estates by serving as the co-chair of a university's capital campaign committee and donating $1M from

  • Bell v. State

    Publication Date: 2013-09-11
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rafe Banks III, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Heather N. Dunn, James A. Dunn, Assistant District Attorneys, 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: S13A0703

    O.C.G.A. § 40-6-270 subsection a's requirements that one must stop at the scene of an accident and identify oneself do not violate a person's right against self-incrimin