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  • Wheeler v. State

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1838

    The trial court did not abuse its discretion in admitting evidence of similar transactions that occurred between 18 and 30 years prior to the charged crimes, as the lapse of time went to the weight

  • Adel v. State

    Publication Date: 2012-03-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1397

    The trial court properly admitted testimony elicited from the roommate of the victim's acquaintance regarding his direct observations about the acquaintance's whereabouts around the time of the m

  • Ridley v. State

    Publication Date: 2012-03-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1416

    The trial court properly admitted the defendant's custodial statements made during an investigation regarding the rape of another woman, since the defendant never unequivocally asserted his right to

  • Edge v. Edge

    Publication Date: 2012-03-02
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Elizabeth J. Kuhn Hait, Eichelzer & Kuhn, Woodstock, for appellant.
    for defendant: Vic B. Hill Hill-Macdonald LLC, Marietta, for appellee.
    Case Number: S11A1532

    Trial counsel's failure to include the husband's correct address on her motion to withdraw was an insufficient ground to set aside the custody order under O.C.G.A. § 9-11-6

  • Walker v. State

    Publication Date: 2012-02-10
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenneth R. Croy Kenneth R. Croy & Assocs., Marietta, and Christopher R. Geel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Allen R. Knox, Anna G. Cross, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1492

    The state had a statutory right under O.C.G.A. § 17-7-130.1 to call its mental health expert to rebut the testimony of the defendant's expert who testified regarding the defendant's mental state at

  • Lytle v.State

    Publication Date: 2011-12-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: C. Samuel Rael, Atlanta, for appellant. Anne C. Allen, Assistant District Attorney, Carrollton, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1226

    No evidence showed an actual conflict in representation solely because the same public defender's office represented multiple co-indi

  • McFolley v. State

    Publication Date: 2011-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant. John G. Conger, District Attorney, Michael E. Craig, LaRae D. Moore, Letitia A. Sikes, Assistant District Attorneys, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1103

    The expert's testimony that the 6-month-old victim died from shaken baby syndrome, being hit on the head and child did not go to the ultimate issue in the case-the person responsible for the

  • Soilberry v. State

    Publication Date: 2011-10-14
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kevin C. Armstrong, Albany, for appellant. Gregory W. Edwards, District Attorney, Heather H. Lanier, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0847

    The trial court erred in failing to merge the defendant's conviction for aggravated battery based on the fracture of the victim's ribs with malice m

  • Stokes v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III, Public Defender, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1011

    The defendant's admission to a number of actions consistent with the fatal injuries his 4-month-old infant suffered supported his convictions for murder, cruelty to children and aggravated ba

  • Johnson v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0721

    The defendant's arguments that the collision resulting from a high-speed chase in a stolen car was an accident rather than an aggravated assault and that theft by receiving a stolen vehicle cannot s