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  • 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

  • Howard v. State

    Publication Date: 2011-05-27
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael Howard, Sparta, proceeded pro se. James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, Douglasville, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0393

    Defendant's motion in arrest of judgment was untimely as defendant conceded that he filed it several years after the term of court in which he was conv

  • Marlow v. State

    Publication Date: 2011-03-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John. R. Burdges, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Margret B. Benson, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0228

    The defendant's statement that he killed the victim, stole a car and burglarized the home of the car's owner, supported his convictions for murder and theft by receiving stolen pro

  • Norman v. Gober

    Publication Date: 2011-03-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John M. Sheftall Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellant.
    for defendant: Floyd E. Propst III, Laura K. Bonander and Wade H. Watson III Caldwell & Watson LLP, Atlanta, for appellees.
    Case Number: S11A0024

    The caveator lacked standing to caveat his grandmother's

  • Scarborough v. Hunter

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian C. Rank Sanders & Rank PC, Toccoa, for appellant.
    for defendant: . James E. Cornwell Jr. Cornwell Law Offices, Toccoa, for appellees.
    Case Number: S11A0346

    O.C.G.A. § 50-13-19 h gives the trial court power to review the county Board of Commissioner's acts after the Board exercises iscretion to abandon a road, not to enjoin the Board from exercisin

  • Gibson v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., Larry Chisolm, District Attorneys, and Julayaun M. Waters, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1661

    The trial court reversibly erred in referring to the appellate process in its answer to a jury question during deliberations, since such statements intimated that the defendant was in fact guilty an

  • Evans v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel B. Kane Daniel Kane & Assocs., Atlanta, and Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Ann B. Harris, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A2042

    The trial court did not err in admitting evidence of the lengthy manhunt for defendant because whether a defendant tried to evade capture is admissible as evidence of f

  • Evans v. State

    Publication Date: 2011-02-18
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel B. Kane Daniel Kane & Assocs., Atlanta, and Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Ann B. Harris, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A2042

    The trial court did not err in admitting evidence of the lengthy manhunt for defendant because whether a defendant tried to evade capture is admissible as evidence of f

  • Sharpe v. State

    Publication Date: 2011-02-04
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Julayaun M. Waters, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1883

    The trial court's Allen charge did not improperly coerce the jury, as the jury deliberated for a considerable time after the trial court gave the instruction and reaffirmed its verdict when p

  • Fair v. State

    Publication Date: 2010-12-10
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa