• Smith v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sonya Smith. Samuel J. Harris, Cookeville, Tenn., for Joseph Smith. Patrick H. Head, District Attorney, John R. Edwards, Eleanor A. Dixon, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S10A1281; S10A1282

    The evidence authorized the jury to conclude that the defendants committed non-felony acts of abuse that inadvertently led to their son's death as well as felony acts which could serve as the underl

  • Jennings v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel F. Little Jr. Little & Crumply LLP, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1089

    The state is not required to specify in the indictment that it is charging the defendant as a party to the

  • Holloway v. Holloway

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brenda H. Trammell, Madison, for appellant.
    for defendant: Roy R. Kelly III Kelly & Kelly LLP, Monticello, for appellee.

    Case Number: S10F1417

    The trial court failed to set forth the mandatory findings under O.C.G.A. § 19-6-15 for a deviation from the child support guide

  • McKiernan v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jennifer M. Daniels, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Jon W. Setzer, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1746

    Trial counsel reasonably and strategically decided that an incapacity de was not in the defendant's best interest, since it would contradict and undermine the defendant's accident de

  • Pointer v. Roberts

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Cork III, Macon, and Randy J. Ebersbach Kam, Ebersbach & Lewis PC, Newnan, for appellant.
    for defendant: Erica L. Parsons Wilson, Morton & Downs LLC, Decatur, Joseph R. Cruser, Raymond R. Grant III Cruser & Mitchell LLP, Norcross, Frederick M. Valz III and Albert P. Moore Jr. Carlock, Copeland & Stair LLP, Atlanta, for appellee.

    Case Number: S10G0644

    Judgment in Roberts v. Pointer, 301 Ga. App. 531 2009, rev

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  • Williams v. Reece

    Publication Date: 2010-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Justin E. Williams, Abbeville, proceeded pro se. William H. Noland Groover & Childs, Macon, for appellee.
    for defendant:

    Case Number: S10A1461

    No evidence supported the defendant's contention that the trial court prevented him from making a motion for bond, following his original appearance before the magis

  • Branchfield v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Nancy B. Miller and Victoria L. Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Kristy W. Dugan, Assistant District Attorney, Sadhana P. Dailey District Attorney's Office, Columbus, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S10A1201

    The defendant admitted planning the robbery, which led to the victim's

  • Swain v. Lee

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lydia Swain, Atlanta, proceeded pro se. Austin E. Catts, Todd C. Brooks Catts & Brooks LLC, Brunswick, Autumn L. West and Claudia J. J. Bolin Bolin & West PC, Darien, for appellee.
    for defendant:

    Case Number: S10A0757

    When the documents and the manner in which a letter and will form were kept were considered together, an issue of fact remained as to whether a valid will was cr

  • Burchard v. Corrington

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John W. Rhyne Jr., Lafayette, for appellant.
    for defendant: Joseph E. Willard Jr. and Anne E. Fiddler, Rossville, for appellees.

    Case Number: S10A0941

    T edent did not have the mental capacity when she created a 1999 will with the assistance of the appellant, who would have received nothing under t edents previous will, but over $350K of

  • Jenkins v. Walker

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: David E. Oles, Alpharetta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Assistant Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Elizabeth M. Williams, Assistant Attorney General, Atlanta, for appellees.

    Case Number: S10A0907

    The Court in State v. Jackson, 269 Ga. 308 1998 struck down O.C.G.A. § 49-5-180 et. seq. in its entirety, including the child abuse reg