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Publication Date: 2010-10-01
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
for defendant: Ashley Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
Case Number: S10A1118
The trial court's jury charge that ' "juries are not bound to believe testimony as to facts incredible, impossible or imperatively improbable," ' likely confused the jury into discrediting the defe
Publication Date: 2010-08-27
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
for defendant: . Thurbert E. Baker, Attorney General, Christopher R. Johnson, Assistant Attorney General, Atlanta, Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for state.
Case Number: S10A0136, S10A0137
The trial court erred in failing to suppress defendant's statement to police after being arrested, because he unambiguously requested a lawyer and all questioning should have stopped immedi
Publication Date: 2010-07-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant.
for defendant: James E. Tramel III, Lilburn, and Margaret G. Washburn, Lawrenceville, for appellee.
Case Number: S10F0299
The record belied the husband's contention that the terms of the parties' oral settlement agreement were still in di
Publication Date: 2010-07-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
for defendant: William G. Quinn III Willis & Quinn PC, Decatur, for appellee.
Case Number: S09G1254
The state failed to establish the course of conduct or pattern of behavior required to convict the defendant of aggravated stalking under O.C.G.A. § 16-5
Publication Date: 2010-07-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
for defendant: Patrick H. Head, District Attorney, Dana J. Norman, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0393
The defendant's verbal and written confessions supported his convictions for murder, armed robbery, kidnapping, robbery and bur
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Publication Date: 2010-07-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Bruce S. Harvey and Christopher W. Adams, Atlanta, for appellant.
for defendant: Daniel J. Porter, District Attorney, Lisa A. Jones, Assistant District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee. Amicus appellant: Sarah L. Gerwig-Moore Mercer Law School, Ashley Deadwyler, Dustin B. Weeks and Barclay R. Taylor Mercer Law School, Macon.
Case Number: S10A0374
The trial court must fully consider whether, with regard to the individualized facts of this specific case, the entire public defender system has broken down such that no publicly-funded and constit
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Charles G. Haldi Jr. and William A. Finch, Cumming, for appellant.
for defendant: Penny A. Penn, District Attorney, James A. Dunn, Assistant District Attorney, Cumming, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
Case Number: S10A0335
No reasonable person in the defendant's position when interviewed by an investigating detective at the Criminal Investigations Division of the Sheriff's Office would have believed that he was in cus
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0804
The defendant admitted that he fired a gun at the murder v
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Charles M Cork III, Macon, for Reeves. Thomas F. Jarriel Lane & Jarriel, Macon, for Newman.
for defendant:
Case Number: S10A0885; S10X0887
The mere imposition of an implied trust as an equitable remedy did not trigger the Supreme Court's jurisdi
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Melton, Harold D.
Attorneys: For plaintiff: Jason R. Clark Clark & Williams, Brunswick, for Robinson. Ernest B. Gilbert, Brunswick, for Woods. Stephen D. Kelly, District Attorney, Charles K. Higgins, Assistant District Attorney, Brunswick, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S10A0428; S10A0429
Both parties were equally responsible for the 18-month delay between the defendants' arrest on charges of murder and related offenses and their scheduled
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