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  • Marlow v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John. R. Burdges, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Margret B. Benson, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0228

    The defendant's statement that he killed the victim, stole a car and burglarized the home of the car's owner, supported his convictions for murder and theft by receiving stolen pro

  • Norman v. Gober

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John M. Sheftall Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellant.
    for defendant: Floyd E. Propst III, Laura K. Bonander and Wade H. Watson III Caldwell & Watson LLP, Atlanta, for appellees.
    Case Number: S11A0024

    The caveator lacked standing to caveat his grandmother's

  • Turner v. City of Tallapoosa

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jeffrey W. Duncan Duncan Law PC, Tallapoosa, for appellant.
    for defendant: Kelly M. Hundley Henderson & Hundley PC, Decatur, Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellee.
    Case Number: S11A0273

    The plaintiffs did not own certain unused roadbeds running through their neighbors' pro

  • State of Ga. v. Rozier

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Denise E. Whiting-Pack, Senior Assistant Attorney General, Mary J.L. Volkert, Assistant Attorney General, and R.O. Lerer Department of Law, Atlanta, for appellant.
    for defendant: Adam S. Poppell III, Darien, and Gary A. Sinrich, Hinesville, for appellees.
    Case Number: S11A0115

    The defendants produced no evidence supporting their claim that avulsion created the island in the Altamaha River, which was subject to the state's quiet title a

  • Scarborough v. Hunter

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian C. Rank Sanders & Rank PC, Toccoa, for appellant.
    for defendant: . James E. Cornwell Jr. Cornwell Law Offices, Toccoa, for appellees.
    Case Number: S11A0346

    O.C.G.A. § 50-13-19 h gives the trial court power to review the county Board of Commissioner's acts after the Board exercises iscretion to abandon a road, not to enjoin the Board from exercisin

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Gibson v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., Larry Chisolm, District Attorneys, and Julayaun M. Waters, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1661

    The trial court reversibly erred in referring to the appellate process in its answer to a jury question during deliberations, since such statements intimated that the defendant was in fact guilty an

  • Waller v. Golden

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brad A. Baldwin Burr & Forman LLP, Atlanta, for appellant.
    for defendant: . Marvin P. Pastel II Weinstock & Scavo PC, Dennis G. Lovell Jr. Carlock, Copeland & Stair LLP, Atlanta, John P. Webb and Andrew J. Gebhardt Smith, Welch & Brittain, Stockbridge, for appellees.
    Case Number: S10A1598

    Laches barred the plaintiffs' action seeking an injunction to force their neighbors to remove a swimming pool, which the defendants had constructed in the side yard of their own property, against th

  • Evans v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel B. Kane Daniel Kane & Assocs., Atlanta, and Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Ann B. Harris, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A2042

    The trial court did not err in admitting evidence of the lengthy manhunt for defendant because whether a defendant tried to evade capture is admissible as evidence of f

  • Tremble v. Tremble

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Martha C. Hall Hall & Kirkland PC, Springfield, for Lamar Tremble. H. Lehman Franklin Jr., Statesboro, for Debra Tremble.
    for defendant:
    Case Number: S10F1810; S10F1811

    The trial court has no authority to revise, correct, revoke, modify or vacate a ju after the term of court in which it was entered except to correct clerical errors and irregularities in the j

  • Evans v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Daniel B. Kane Daniel Kane & Assocs., Atlanta, and Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Ann B. Harris, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A2042

    The trial court did not err in admitting evidence of the lengthy manhunt for defendant because whether a defendant tried to evade capture is admissible as evidence of f