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  • Alatise v. State

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Anna G. Cross and Jason R. Samuels, Assistant District Attorneys, Marietta, for appellant.
    for defendant: Lee W. Fitzpatrick, Kennesaw, for appellee.
    Case Number: S12A0024

    The tria t did not abuse its discretion in denying the defendant's mistrial motion after the jurors watched a portion of his videotaped statement that they were not supposed to view, as the tri

  • Disharoon v. State

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11G1880; S11G1881

    Admitting testimony regarding the results of DNA testing did not violate the Confrontation Clause where the testifying expert performed every step of the test, with the exception of placing samples

  • Kendrick v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0009

    The trial court did not err in denying the defendant's request to charge the jury on involuntary manslaughter as a lesser included offense of felony murder, since the defendant's admitted act of pur

  • Muhammad v. State

    Publication Date: 2012-05-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Richard R. Read, District Attorney, Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0180

    In the defendant's trial for the murder of his estranged wife, the trial court did not abuse its discretion in admitting similar transaction evidence of the defendant's prior arson conviction for bu

  • Ridley v. State

    Publication Date: 2012-04-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1416

    The trial court properly admitted the defendant's custodial statements made during an investigation regarding the rape of another woman, since the defendant never unequivocally asserted his right to

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    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Curran v. Scharpf

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Philip T. Raymond III Shaffer, Raymond & Dalton, Macon, for appellant.
    for defendant: Walter C. Green II, Milledgeville, and Brenda H. Trammell, Madison, for appellee.
    Case Number: S11F1976

    Some evidence supported the jury's determination that the husband's IRA was his separate pro

  • 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

  • Gresham-Green v. Mainones

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John R. B. Long, Augusta, for appellant.
    for defendant: Shawn E. Gunder Gunder Law LLC, Evans, and Helen W. Yu, Augusta, for appellee.
    Case Number: S11F1955

    The trial court was authorized to deviate from the presumptive amount of child support in its temporary order and require the husband to pay the mortgage on the marital residence and a percentage of

  • Seiz Joint Venture LLC v. Seiz

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kevin T. O'Sullivan Cohen, Pollock, Merlin, Axelrod & Small, Atlanta, for appellant.
    for defendant: Ivy S. Duggan, Frank H. Jones Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, Glen E. Stinson, Dallas, and John M. Hawkins Oklahoma Tax Comm'n, Oklahoma City, Okla., for appellee.
    Case Number: S11F1840

    The trial court properly added the company as a party to the divorce proceedings, where the husband violated a circuit-wide standing order by transferring marital real property to the company after

  • Adel v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Kennesaw, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1397

    The trial court properly admitted testimony elicited from the roommate of the victim's acquaintance regarding his direct observations about the acquaintance's whereabouts around the time of the m