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  • Geiger v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Marnique W. Oliver, Swainsboro, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Joe G. Skeens, Assistant District Attorneys, Hinesville, 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: S14A0637

    The inadvertent failure to remove the defendant's leg shackles when he entered the courtroom prior to jury selection did not constitute the admission of improper character evi

  • Trauth v. State

    Publication Date: 2014-09-25
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0979

    The record belied the defendant's contention that his trial attorneys were deficient in failing to properly inform him about the possibility of voluntary manslaughter and involuntary intoxication d

  • Avery v. State of Ga.

    Publication Date: 2014-07-03
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles K. McKnight Jr. and Gary J. Toman Nations, Toman & McKnight LLP, Atlanta, for appellant.
    for defendant: . Donald R. Donovan, District Attorney, Steven J. Messinger, Chief Assistant District Attorney, Dallas, James R. Woodward Alston & Bird LLP, Atlanta, William T. Cable Jr., James J. Phillips Talley, Richardson & Cable PA, Dallas, Norman S. Fletcher, and Lee B. Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellees.
    Case Number: S14A0792

    The trial court did not err in validating a $3.6M bond to be issued by the county Airport Authority for use in widening and extending the taxiway at the county airport to accommodate commercial pass

  • DeCay v. Houston

    Publication Date: 2014-05-08
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A0412

    The special master had no conflict of interest because she was appointed by a Stipulated Conflict Waiver, which the parties had agreed

  • Fulton Cnty. v. City of Sandy Springs

    Publication Date: 2014-04-02
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Larry W. Ramsey Jr., Kaye W. Burwell, Assistant County Attorneys, Matthew C. Welch, and Laura S. Lewis Fulton Cnty. Attorney's Office, Atlanta, for appellant.
    for defendant: . Lawrence D. Young Lawrence Young & Associates PC, Atlanta, and Wendell K. Willard, Sandy Springs, for appellees.
    Case Number: S14A0114

    The defendant county is responsible for maintaining the dam and ponds it built pursuant to two ease which are now located in an incorporated city, for as long as the county holds the ease

  • Folston v. State

    Publication Date: 2014-03-13
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: James S. V. Weston Trotter Jones LLP, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Titus T. Nichols District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0062

    Defense counsel was not deficient for not making a futile objection to the admission of the co-conspirator's declaration against the defendant in this case involving malice murder and related c

  • Lewis v. State

    Publication Date: 2014-02-27
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, David K. Getachew-Smith, Chief Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Meghan H. Hill, and Jason C. Fisher, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S13A1532

    The defendant's first appellate counsel was not deficient iling to present testimony at the new trial hearing that would have allegedly shown that the defendant's trial counsel was ineffective

  • Hanes v. State

    Publication Date: 2014-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: David D. Marshall, Marietta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Zina B. Gumbs, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1428

    The defendant fatally shot one victim in the chest at close range and shot the other victim in the arm as that victim ran

  • Wilkerson v. Hart

    Publication Date: 2014-02-26
    Practice Area:
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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: 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: S14A0036

    The trial court erred in denying habeas relief as to the petitioner's kidnapping convictions, as the facts did not satisfy Garza's asportation requir

  • Brown v. Parody

    Publication Date: 2013-11-27
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Daniel W. Hamilton Shepard, Plunkett, Hamilton & Boudreaux LLP, Augusta, for appellant.
    for defendant: Timothy Parody, Grovetown, proceeded pro se. Sarah L. Gerwig-Moore Mercer Law School, Macon, and J. Scott Key, Decatur.
    Case Number: S13A0899

    A divided Supreme Court held that the habeas court erred in ruling that the undisputed facts showed that plea counsel was deficient with regard to consideration of the defendant's compe