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  • Clark v. State

    Publication Date: 2016-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven E. Phillips Public Defender's Office, 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, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0230

    The defendant failed to prove his ineffective assistance of counsel claims in his trial for murder and possession of a firearm during the commission of a f

  • Roseburg Forest Prods. Co. v. Barnes

    Publication Date: 2016-06-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Eric L. Trivett and Danielle R. Taylor Speed, Seta, Martin Trivett LLC, Lawrenceville, for appellant.
    for defendant: in Case No. S15G1808. Michael Rosetti Swift, Currie, McGhee Hiers LLP, Atlanta, for appellants in Case No. S15G1811. Amicus Appellants: Eric S. Proser Constangy, Brooks, Smith Prophete LLP, Ann B. Bishop Sponslor, Bishop, Koren Hammer PA, Harold M. Bagley in Case No. S15G1811 only Drew Eckl Farnham LLP, Atlanta, and Jason C. Logan Constangy, Brooks, Smith Prophete LLP, Macon. Kermit S. Dorough Jr., Albany, for appellee.
    Case Number: S15G1808; S15G1811

    The 2-year statute of limitation contained in O.C.G.A. § 34-9-104 subsection b barred the workers' compensation claimant's claim to resume receiving temporary total disability benefits in connection

  • Stanbury v. State

    Publication Date: 2016-06-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Eric J. Taylor Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, David K. Getachew-Smith Sr., Chief Assistant District Attorney, 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: S16A0321

    The trial court committed plain error in not providing a jury charge on the necessity of corroborating accomplice testimony, and the Court therefore reversed the defendant's convictions for murder a

  • Blackwell v. State

    Publication Date: 2016-05-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenya B. Herring Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Kevin C. Armstrong District Attorney's Office, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0270

    The defendant waived his right to withdraw his guilty plea when he agreed to testify against his co-indictees as part of a plea

  • Darling v. McLaughlin

    Publication Date: 2016-05-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Terry J. Marlowe, Albany, for appellant.
    for defendant: 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: S16A0071

    The habeas court failed to consider the relevant statutory factors in determining whether the petitioner's motion to voluntarily dismiss his pro se petition for habeas corpus relief was p

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  • Jones v. State

    Publication Date: 2016-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Cynthia W. Harrison Harrison Law Firm LLC, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Lenny I. Krick, Assistant District Attorney, Tamara L. Ross, Shannon E. Hodder District Attorney's Office, Decatur, 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: S16A0498

    The trial court properly admitted into evidence an incriminating telephone call the defendant made from jail, as the State showed that the jail recording system accurately recorded phone calls, that

  • Brown v. State

    Publication Date: 2016-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lawrence J. Zimmerman, Atlanta, and Christopher R. Geel, Charleston, SC, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, John R. Edwards, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0179

    The trial court did not abuse its discretion in admitting into evidence autopsy photographs of the murder victim, since the medical examiner testified that the photographs were necessary to show the

  • Clark v. Deal

    Publication Date: 2016-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Wayne B. Kendall, Fayetteville, for Clark et al.. Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Russell D. Willard, Senior Assistant Attorney General, and Susan R. Haynes, Assistant Attorney General, Atlanta, for Deal et al..
    for defendant:
    Case Number: S16A0559; S16X0560

    The Governor's appointment of three new judges to the Court of Appeals of Georgia was not unconstitut

  • Lewis v. State

    Publication Date: 2016-04-29
    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: Oliver J. Browning Jr., District Attorney, Cedartown, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Scott O. Teague, Assistant Attorney General, Atlanta, and Robert W. Smith Jr. Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.
    Case Number: S16A0389

    There was nothing to indicate that the defendant's confession to police was not the product of rational intellect and free will, even if he was under the influence of drugs when he confessed, and th

  • Oravec v. Phillips

    Publication Date: 2016-04-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Malcolm F. Bryant Jr. Bryant Cook PC, Vidalia, for appellant.
    for defendant: Johnny W. Warren Warren Law Offices PC, Dublin, and Russell L. Clark, Alamo, for appellees.
    Case Number: S16A0437

    There was no evidence that the decedent had any contractual obligation to usband arising from a joint will that prevented her from revoking that will and changing her testamentary plan followin