Filter This View

  • Hollins v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Khari L. Hollins, Sparta, proceeded pro se. Ashley Wright, District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0638

    The trial court correctly denied the defendant's motion for an out-of-time appeal of the conviction entered on his guilty plea to murder on the basis that the habeas court previously adjudicated his

  • Manley v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
    Case Number: S10A0136, S10A0137

    The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi

  • Hicks v. Heard

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Andersen Tate & Carr PC, Duluth, and Jeffrey P. Yashinsky Schur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: S09G1508

    In iff's vicarious liability action, the burden-shifting paradigm in Allen Kane's Major Dodge v. Barnes, 243 Ga. 776 1979, supported the grant of summary judgment to the defendant, because the

  • Manley v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, appellants. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0136, S10A0137

    In some cases, defendants may present an objective and significant disparity in parol eligibility on cross-examination of a state's wi

  • Thomas v. Lee

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Stanley E. Harris Jr. Duffy & Feemster LLC, Savannah, for appellant.
    for defendant: Richard K. Strickland and Paul M. Scott Brown Readdick Bumgartner Carter, Brunswick, for appellees.
    Case Number: S10A0584

    The plaintiff was an at-will employee with no property interest in her employment, who was subject to termination without

  • Lawrence v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary K. Bahl, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Assistant District Attorney, Valdosta, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1677

    The defense counsel was not deficient for strategically deciding not to cross-examine certain of the state's witnesses, as cross-examining those witnesses would have given them a chance to further i

  • Bridges v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, for appellee.
    Case Number: S09A1801

    The trial court's pre-voir dire instructions to the jury pool did not shift the burden of proof to the defe

  • Gutierrez v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Luana Popescu and Jason B. Green, Assistant District Attorneys, Jonesboro, Thurbert E. Baker Jr., Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0843

    The defendant's aggravated assault conviction did not merge with his conviction for murder, because the evidence showed that the aggravated assault offense was completed prior to the incident that s

  • Smith v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Oliver J. Browning Jr., Buchanan, for appellant.
    for defendant: Robert E. Brooks Jr., District Attorney, Craig E. Miller, Assistant District Attorney, Buchanan, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A0224

    An officer pursuing the defendant, an escaped prisoner, collided with another car at an intersection, killing the vehicle's d

  • Carter v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, James A. Carmichael, Assistant District Attorney, Hartwell, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0228

    The defendant fatally shot his brother in the head as his brother was running away fro