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  • 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

  • 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

  • Bell v. State

    Publication Date: 2013-09-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rafe Banks III, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Heather N. Dunn, James A. Dunn, Assistant District Attorneys, 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: S13A0703

    O.C.G.A. § 40-6-270 subsection a's requirements that one must stop at the scene of an accident and identify oneself do not violate a person's right against self-incrimin

  • Baugh v. State

    Publication Date: 2013-05-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine T. Parvis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0161

    The trial court properly declined the defendant's request for a jury charge on voluntary manslaughter, since the defendant stated that he shot back at the victim out of fear which was "not the same

  • Wheeler v. State

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1838

    The trial court did not abuse its discretion in admitting evidence of similar transactions that occurred between 18 and 30 years prior to the charged crimes, as the lapse of time went to the weight

  • Fair v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    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

  • Reed v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Patrick S. Ferris, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, John A. Rumker, Assistant District Attorney, Douglas, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A2009

    The defendant admitted that he shot the murder v