• Lawrence v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary K. Bahl, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Bradfield M. Shealy, Assistant District Attorney, Valdosta, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A1677

    The defense counsel was not deficient for strategically deciding not to cross-examine certain of the state's witnesses, as cross-examining those witnesses would have given them a chance to further i

  • Bridges v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Attorney General, Atlanta, for appellee.

    Case Number: S09A1801

    The trial court's pre-voir dire instructions to the jury pool did not shift the burden of proof to the defe

  • Setlock v. Setlock

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Ann M. Vaughan, Blairsville, for appellant.
    for defendant: David N. Bryman Bryman & Clerke PA, Marietta, for appellees.

    Case Number: S09A1588

    The magistrate court lacked jurisdi over the plaintiff's counterclaims to the defendant's dispossessory a

  • Julius v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S10A0048

    Forensic evidence showed that the defendant shot the victim in the back of the

  • McCord v. Lee

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul E. Weathington, Wayne D. Toth and Charles M. Smith The Weathington Firm PC, Atlanta, for appellant.
    for defendant: . Robert C. Lamar, Keith A. Pittman, Katherine A. Eichelberger Lamar, Archer & Cofrin LLP and Jane C. Taylor Sommers, Scrudder & Bass LLP, Atlanta, for appellees.

    Case Number: S08G1947

    The new injury exception is not applicable when the evidence demonstrates only th patient's existing condition was misdiagnosed and mistreated and that condition was the same one that existed

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  • Coleman v. Retina Consultants PC

    Publication Date: 2010-01-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Cork III, Macon, and Joseph R. Neal, Augusta, for appellant.
    for defendant: . Thomas W. Tucker and John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellees.

    Case Number: S09A1485

    The non-compete clause in the parties' software agreement was unenforceable as a matter of law, because the clause contained no time or territorial limita

  • Coleman v. Retina Consultants PC

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles M. Cork III, Macon, and Joseph R. Neal, Augusta, for appellant.
    for defendant: . Thomas W. Tucker and John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellees.

    Case Number: S09A1485

    The non-compete clause in the parties' software agreement was unenforceable as a matter of law, because the clause contained no time or territorial limita

  • Burnett v. Slatter

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: James J. Brissette McGee & Oxford, Atlanta, for appellant.
    for defendant: Adam M. Hames The Hames Law Firm LLC and Jay L. Strongwater, Atlanta, for appellees.

    Case Number: S09A1734

    The appellant's mother, as her guardian, waived any right or title that the appellant had to the property in question as shown in a 1991 jud

  • Pate v. Wilson

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas F. Allgood Jr. Allgood & Mehrhof PC, Augusta, for appellant.
    for defendant: James B. Wall and James W. Ellison, Augusta, for appellee.

    Case Number: S09A1105

    The Court reversed the trial court's determination that a widow's inheritance under her husband's will must be reduced by attorneys' fees and litigation expenses incurred by the decedent's estate in

  • Roscoe v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.

    Case Number: S09A1639

    Some evidence supported the court's finding on motion for reconsideration that the state did not goad the defendant into moving for a mis