Filter This View

  • Norwood v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Assistant District Attorney, Jonesboro, 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: S15A0379

    The trial court properly declined to merge the aggravated assault and felony murder counts for sentencing purposes, since each required proof of a fact the other did not and they were separate and d

  • White v. State

    Publication Date: 2015-06-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Public Defender's Office, Decatur, 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 Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0319

    Merger of the aggravated assault and murder convictions was not required, as there was evidence of a "deliberate interval" between the defendant shooting the victim and the subsequent beating, since

  • Smith v. State

    Publication Date: 2015-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kelly L. McLain and Green B. Moore III Public Defender's Office, Gray, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Anne M. Kurtz, Assistant District Attorney, Decatur, 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: S15A0296

    The evidence supported the defendant's convictions arising out of the fatal shooting of his wife and the non-fatal shooting of his br

  • Taylor v. State

    Publication Date: 2015-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael W. Tarleton and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for Taylor. Clare Nolan Public Defender's Office, Forsyth, for Bessent. Jacquelyn L. Johnson, District Attorney, Rocky L. Bridges, Assistant District Attorney, Woodbine, Andrew J. Ekonomou, Assistant District Attorney, Brunswick, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for State.
    for defendant:
    Case Number: S15A0612; S15A0613

    A co-defendant's testimony linking the two appellants to the crimes was sufficiently corroborated as to one appellant but was not sufficiently corroborated as to the other appellant, and his convict

  • Lamar v. State

    Publication Date: 2015-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Public Defender's Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Paula K. Smith, Senior Assistant Attorney General, 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 Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0341

    The jury was entitled to believe the alibi testimony of a man the defendant accused of being the actual murderer rather than the defendant's accusa

  • Mann v. State

    Publication Date: 2015-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kendall W. Carter King Spalding LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, 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: S15A0421

    The trial court did not violate the defendant's due process rights when it instructed the jury on the law of parties to a crime, despite the fact that the indictment accused the defendant of persona

  • Oliver v. McDade

    Publication Date: 2015-05-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert P. Marcovitch, John K. Train IV, Joshua S. Wood Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Atlanta, Stephanie F. Brown, and Scott W. McMickle McMickle, Kurey Branch LLP, Alpharetta, for appellant.
    for defendant: . Caleb F. Walker and Katherine L. McArthur Katherine L. McArthur LLC, Macon, for appellees. Amicus Appellants: Laurie W. Daniel and Leland H. Kynes Holland Knight LLP, Atlanta.
    Case Number: S14G1775

    The Court of Appeals properly found that a question of fact remained as to the plaintiff's emotional distress claim following a traffic accident in which he was injured and his friend was k

  • Tepanca v. State

    Publication Date: 2015-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Howard W. Anderson III, Clemson, S.C., for appellant.
    for defendant: Lee Darragh, District Attorney, William C. Akins, Lindsay H. Burton, Assistant District Attorneys, Gainesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0045

    The defendant suffered no harm from the trial court merging his ma urder conviction into his felony murder conviction for sentencing, rather than merging the felony murder conviction into the m

  • Ross v. State

    Publication Date: 2015-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek Associates LLC, Atlanta, for appellant.
    for defendant: Amicus Appellant: Emily R. Chambers Alston Bird LLP, and Gerald R. Weber Jr., Atlanta. Lee Darragh, District Attorney, Lindsay H. Burton, Wanda L. Vance, Assistant District Attorneys, Gainesville, 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: S14A1278

    Cell phone "tower dump" records were properly admitted as evidence in the defendant's murder trial, since the defendant stated at trial that she did not object to the admission and, regardless, she

  • Whiting v. State

    Publication Date: 2015-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John S. Anderson Anderson Legal PC, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Grady A. Moore, Amelia G. Pray, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1769

    The trial court's jury charge, as given, adequately informed the jury that the defendant could only be found guilty of felony murder if the conspiracy to conduct a drug transaction was "the proximat