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  • Wright v. State

    Publication Date: 2015-11-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jeffery J. Wright, Glennville, proceeded pro se. Denise D. Fachini, District Attorney, Bradford L. Rigby, Assistant District Attorney, Cordele, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S15A1589

    The defendant's motion to withdraw his guilty plea to felony murder was untimely and the trial court properly found that it was without jurisdiction to allow the withd

  • Higuera-Guiterrez v. State

    Publication Date: 2015-11-05
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lauren B. Shubow, Public Defender, and Kenneth D. Kondritzer 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 Elizabeth M. Haase, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0834

    The Court reversed the defendant's convictions for felony murder, voluntary manslaughter, conspiracy to traffic cocaine and possession of a firearm during the conspiracy to traffic cocaine, holding

  • Dixon v. State

    Publication Date: 2015-11-05
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian M. Condon and Margaret E. Heinen Georgia Public Defender Standards Council, 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 Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0836

    The evidence, although circumstantial, supported the defendant's convictions for felony murder, malice murder, voluntary manslaughter, aggravated assault, possessio firearm during the commissi

  • Rutledge v. State

    Publication Date: 2015-11-04
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Margaret E. Heinen Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary Catherine Greaber Attorney General's Office, Atlanta, for appellee.
    Case Number: S15A0739

    Independent evidence sufficiently corroborated a co-defendant's testimony about the defendant's involvement in the attempted robbery and murder of a customer of her escort se

  • Moore v. State

    Publication Date: 2015-10-22
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gregory D. Smith The Smith Group LLC, Atlanta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Harriet M. Thomas, Assistant District Attorney, Moultrie, 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: S15A1211

    The trial court did not abuse its discretion in permitting a GBI agent, who was the primary investigator in the defendant's murder case, to sit at the prosecution table during trial despite the rule

  • McLendon v. McLendon

    Publication Date: 2015-10-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert K. Abbott Jr. Abbott Abbott, Vic B. Hill, and Brad E. Macdonald Hill-Macdonald LLC, Marietta, for appellant.
    for defendant: Roger W. Orlando The Orlando Firm PC, Decatur, for appellee.
    Case Number: S15F1254

    The record belied the wife's contention that the trial court based its child custody determination solely on its desire to punish her for an act of adu

  • Whatley v. State

    Publication Date: 2015-07-01
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Akil K. Secret The Secret Firm PC, Atlanta, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Susan L. Franklin, and John S. Helton, Assistant District Attorneys, Dalton, for appellee.
    Case Number: S15A0032

    The trial court properly denied the defendant's general demurrer, since she challenged O.C.G.A. § 16-13-43 subsection a 6 on its face and a facial challenge was not warr

  • BAC Home Loans Servicing LP v. Wedereit

    Publication Date: 2015-06-19
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Monica K. Gilroy, Tania T. Trumble, Emily H. Cobb, and Aimee D. LaTourette Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: Sam G. Nicholson and Adam W. King Nicholson Revell LLP, Augusta, for appellee.
    Case Number: S14G1862

    The trial court erred in awarding sua sponte partial summary jud to the plaintiff because he failed to carry his burden of proving that he was entitled to summary jud

  • Mohamud v. State

    Publication Date: 2015-06-18
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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: Daniel J. Porter, District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0586

    The defendant failed to prove his ineffective assistance of trial counsel claims after he was found guilty of murder and related c

  • Ballard v. State

    Publication Date: 2015-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for Ballard. Kevin A. Anderson Georgia Public Defender Standards Council, Atlanta, for Soun. Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb Carlock, Copeland Stair LLP, Atlanta, for State.
    for defendant:
    Case Number: S15A0463; S15A0464

    The trial court properly declined to sever one co-defendant's trial from the other's, since they were the only two defendants, there was virtually no likelihood that the jury would confuse the evid