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  • Carter v. State

    Publication Date: 2016-04-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and David K. Getachew-Smith Sr., Chief Assistant District Attorney, Atlanta, for appellee.
    Case Number: S15G1047

    Under the facts of the case, the verdict finding the defendant guilty of voluntary man ter as a lesser included offense of the alleged felony murder of the victim and not guilty of voluntary ma

  • PNC Bank NA v. Smith

    Publication Date: 2016-04-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Walter H. Bush Jr., Francisco X. Balderas, and Christopher B. Freeman Carlton Fields Jorden Burt PA, Atlanta, for appellant.
    for defendant: Amicus Appellant: Curtis J. Romig, Edwin M. Cook, and Leah F. McNeill Bryan Cave LLP, Atlanta. Elizabeth L. Clack-Freeman, Robert M. Reeves, and Robert D. Thomas Andersen, Tate Carr PC, Duluth, for appellees. Amicus Appellees: John A. Christy, Scott D. McAlpine Schreeder, Wheeler Flint LLP, Kyler L. Wise Wilson Brock Irby LLC, Louis G. McBryan McBryan LLC, Atlanta, Bruce M. Edenfield, Dahlonega, and Jesse L. Vaughn Vaughn Clements PC, Calhoun.
    Case Number: S15Q1445

    A lender's compliance with the requirements contained in Georgia's foreclosure confirmation statute, O.C.G.A. § 44-14-161, is a condition precedent to the lender's ability to pursue a guarantor for

  • Owens v. State

    Publication Date: 2016-04-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Howard W. Anderson III, Pendleton, SC, for appellant.
    for defendant: David P. White, District Attorney, Hartwell, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0058

    The trial court did not err in denying the murder defendant's mid-trial request to fire her attorney and proceed pro se after she had previously requested to represent herself and then changed her

  • TDGA LLC v. CBIRA LLC

    Publication Date: 2016-02-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John A. B. Ayoub and Carolina D. Bryant Ayoub Mansour LLC, Atlanta, for appellant.
    for defendant: Amicus Appellant: Robert J. Proctor, Atlanta. Samuel S. Olens, Attorney General, Julie A. Jacobs, Assistant Attorney General, Brittany H. Bolton Attorney General's Office, Atlanta, Chris Burns CBIRA LLC, Ken Martasin Pine Crossing Office Park Condo. Ass'n Inc., and Patricia West Westward Assocs. Inc., Cumming, for appellees.
    Case Number: S15A1638

    Sovereign immunity bars conventional actions for quiet where the State of Georgia asserts an interest in the property at issue, but sovereign immunity does not bar in rem actions for quiet

  • Hudson v. State

    Publication Date: 2016-02-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Christopher Hudson, Waycross, proceeded pro se. Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Chief Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S16A0107

    The record belied the defendant's contentions that the trial court sentenced him on a malice murder conviction to life without parole in the absence of a finding of aggravating circumstances and tha

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  • State v. Tunkara

    Publication Date: 2016-02-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Sheila E. Gallow, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Bruce S. Harvey, Atlanta, for appellee.
    Case Number: S15A1715

    The trial court did not abuse its broad discretion in granting the defendant's motion for new trial based on the inadequacy of his court-appointed interpreter, which resulted in the defendant not un

  • Robinson v. State

    Publication Date: 2016-02-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Lyndsey H. Rudder, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Aimee F. Sobhani, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1912

    The evidence was sufficient to prove that the defendant was a party to the crime of attempted ro and that his actions were a proximate cause of his accomplice's death during that attempted ro

  • Olvera v. University Sys. of GA's Bd. of Regents

    Publication Date: 2016-02-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles H. Kuck Kuck Immigration Partners, Atlanta, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Russell D. Willard, Senior Assistant Attorney General, Allen I. P. Lightcap, and Britt C. Grant Attorney General's Office, Atlanta, for appellees.
    Case Number: S15G1130

    Sovereign immunity barred the ratory judgment action filed by non-U.S. citizen college students, who were beneficiaries of the federal Deferred Action for Childhood Arrivals program and sought

  • Belcher v. Belcher

    Publication Date: 2016-01-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Mary Beth Forwood Forwood Law LLC, Athens, for appellant.
    for defendant: Barry L. Fitzpatrick, Danielsville, for appellee.
    Case Number: S15A1451

    In a dispute over unpaid alimony, the trial court improperly awarded the wife attorney fees under O.C.G.A. § 9-4-9, since an award under that statute allows only costs, whi

  • Gates v. State

    Publication Date: 2016-01-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Saraliene S. Durrett, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1407

    The evidence, including two eyewitnesses' testimonies, supported the def 's convictions for malice murder and various other crimes in connection with the shooting death of a man who sent the de