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  • McCarthy v. Ashment-McCarthy

    Publication Date: 2014-05-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14F0265

    The trial court erred in awarding the wife $12.5K in attorneys' fees without making the required findings of fact under O.C.G.A. § 1

  • Bellamy v. State

    Publication Date: 2014-04-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A0542

    The version of the recidivist sentencing statute that was in effect when the defendant was sentenced for murder specifically excluded its provisions from applying to a capital felony such as malice

  • Brantley v. McMichael

    Publication Date: 2014-04-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas F. Jarriel, Macon, for appellant.
    for defendant: Martin L. Fierman and Stephen R. Morris The Fierman Law Firm, Madison, for appellee.
    Case Number: S14A0254

    The petitioner's arguments regarding his pre motion for summary judgment and post- motion for j.n.o.v. were rendered moot by the grant of his motion for new

  • Fulton Cnty. v. City of Sandy Springs

    Publication Date: 2014-04-02
    Practice Area:
    Industry:
    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:
    Industry:
    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

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  • Austin v. Clark

    Publication Date: 2014-03-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Frank H. Childs Jr., County Attorney Childs & Noland, and Jerry A. Lumley, Macon, for appellant.
    for defendant: Lindsay M. Hodgson, A. J. Welch Jr. Smith, Welch, Webb & White LLC, McDonough, John B. Garland Smith, Welch, Webb & White LLC, Jackson, and David A. Siegel Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellees.
    Case Number: S13G1590

    Dismissal of the trip and fall case was improper since it could not be said that the defendants would ultimately prevail based on official immunity, as discovery had been extremely li

  • Lewis v. State

    Publication Date: 2014-02-27
    Practice Area:
    Industry:
    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:
    Industry:
    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:
    Industry:
    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