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  • Walker v. State

    Publication Date: 2007-10-05
    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, Daniel J. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Amy E. Hawkins Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0874

    The jury was entitled to reject as unreasonable the theoretical possibilities that the defendant had a consensual encounter with the victim as she walked home from her boyfriend's house or that he

  • Hammond v. Hammond

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Celeste F. Brewer, Atlanta, for appellant.
    for defendant: Timothy N. Shepherd, Griffin, for appellee.
    Case Number: S07F0917

    The trial court erred in including monthly child support payments, which the wife received for a child from a previous marriage, in calculating her gross income and child support oblig

  • ABCO Builders Inc. v. Progressive Plumbing Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Jeffrey L. Evans, Atlanta, for appellant.
    for defendant: John C. McManus, Michael L. Solis, George W. Warlick McManus & Graham LLP, Atlanta, and Michael C. Pruett Hall, Booth, Smith & Slover PC, Athens, for appellee.
    Case Number: S07G0257

    Proof of a manifest disregard of the law requires clear evidence of the arbitrators' purposeful intent to disregard the law based on the arbitrators' findings, if any, or the transcript of the arbi

  • Johnson v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Emory B. Bazemore, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Kimberly D. Rowden, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0798

    De counsel was not deficient for presenting an alibi de

  • McKinney v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Michael J. Bowers, John T. Morgan III Balch & Bingham LLP and Jerome J. Froelich Jr. McKenney & Froelich, Atlanta, for appellant.
    for defendant: . Daniel J. Porter, District Attorney, and Wesley C. Ross, Assistant District Attorney, Lawrenceville, for appellee. Amicus appellee: Thurbert E. Baker, Attorney General, and DeBrae C. Kennedy, Assistant Attorney General, Atlanta.
    Case Number: S07A0679; S07A0700

    The defendants can only be tried in Fulton county for allegedly violating the Georgia Ethics in Government Act, O.C.G.A. § 2

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Duty Free Air and Ship Supply Co. v. City of Atlanta

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Henry R. Bauer Jr. Bauer & Deitch PC, Emmet J. Bondurant, Michael B. Terry Bondurant, Mixson & Elmore LLP and Mary C. Cooney, Atlanta, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Robert B. Caput and Michael S. Fineman Hartsfield/Jackson Int'l Airport, Atlanta, for appellees.
    Case Number: S07A0265

    The appellant was not entitled to a writ requiring the city to execute a contract for construction and operation of duty free shops at the city's international ai

  • Perdue v. Lake

    Publication Date: 2007-06-29
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Stefan E. Ritter, Assistant Attorney General, Mark H. Cohen Troutman Sanders LLP and Anne W. Lewis Strickland Brockington Lewis LLP, Atlanta, for appellant.
    for defendant: . Roy E. Barnes, Jennifer A. Jordon and A. Lee Parks The Barnes Law Group LLC, Atlanta, for appellees. Amicus Appellee: Emmet J. Bondurant, David G. H. Brackett and Jason J. Carter Bondurant, Mixson & Elmore LLP, Atlanta.
    Case Number: S07A0525

    The plaintiff lacked standing to challenge the constitutionality of the 2006 Photo-I

  • Gibson v. Head

    Publication Date: 2007-06-29
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas H. Dunn Georgia Resource Ctr., Atlanta, Christopher T. Handman, Ryan D. Shadrick and Helaine R. Perlman Hogan & Hartson LLP, Washington, D.C., for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Susan B. Boleyn, Senior Assistant Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0194

    The habeas corpus court erroneously relied on the assumption that the defendant could have discovered the factual basis for his conflict of interest claim prior to filing his first habeas petition i

  • Brooks v. Brown

    Publication Date: 2007-06-29
    Practice Area:
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Gary P. Bunch, Atlanta, for appellant.
    for defendant: David A. Basil, Carrollton, for appellees.
    Case Number: S07A0141

    The appeal regarding the trial court's authority to allow a special election to take place on a date other than that specified in HB 1600 was

  • Hall v. Wheeling

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Chad E. Jacobs, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Page A. Pate Pate & Brody LLP, Atlanta, for appellee.
    Case Number: S07A0461

    Trial counsel was deficient in failing to object to an erroneous jury instruction, which allowed the jury to find the defendant guilty of committing aggravated child molestation in manner not allege