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  • Tidwell v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: S08A1783

    The defendant had a reasonable expectation of privacy in a workplace locker, where he slept four nights a

  • Moore v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray, Dana J. Norman, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0119

    The defendant's convictions did not merge, because the evidence supported a finding that there was an interval between the completed c

  • Reed v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Patrick S. Ferris, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, John A. Rumker, Assistant District Attorney, Douglas, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A2009

    The defendant admitted that he shot the murder v

  • Bowling v. State

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lyle K. Porter and Jeffrey B. Hicks, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Rodney K. Miles, Assistant District Attorney, Lawrenceville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A0361

    The 52-month delay between the defendant's arrest and the date of his second motion to dismiss, though presumptively prejudicial, was insufficient under the circumstances for the defendant to prevai

  • Alexander v. State

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rex B. Abernathy and Andrea H. Strawn Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Michael J. Moeller, Assistant District Attorney, Summerville, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1586

    The defendant shot the victim, ran over his legs, then escaped from police custody by sliding out of the police car's backseat and fleeing to his sister's

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  • Bragg v. Oxford Constr. Co.

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Craig A. Webster The Webster Firm PC, Norcross, and Ralph O. Scoccimaro Brown & Scoccimaro PC, Albany, for appellant.
    for defendant: . Carrie L. Christie Rutherford & Christie, and Frank M. Lowrey IV and Nicole G. Iannarone Bondurant, Mixson & Elmore, Atlanta, for appellee.
    Case Number: S08G1031

    The acceptance doctrine applicable to independent contractors barred the plaintiffs' recovery against the defendant for injuries allegedly caused by the defendant's work under contract for the count

  • Bradford v. State

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Theodore G. Cassert, Assistant District Attorney, Dawsonville, for appellee.
    Case Number: S08A1470

    O.C.G.A. § 16-4-8 is not unconstitutionally vague for failure to define the term overt act, since the statute clearly and unambiguously refers to a specific type of open or manifest act in furtheran

  • Bridges v. State

    Publication Date: 2009-02-05
    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

  • Stafford v. State

    Publication Date: 2009-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: S08G0511

    O.C.G.A. § 40-6-200 a makes it improper to park in the middle of a 2-way ro

  • General Motors Corp. v. City of Doraville

    Publication Date: 2008-12-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S08A1059

    The city's occupation tax is calculated the same way for every co