• Cernonok v. Kane

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel P. Westmoreland, Alpharetta, for appellant.
    for defendant: . Daniel B. Kane Daniel Kane & Assocs. and Jo Avery, Assistant City Attorney, Atlanta, for appellee.

    Case Number: S05A1828

    Some evidence supported the special master's ruling that the deed transferring plaintiff's property from his predecessor-in-interest was a valid conveyance of the property, including half of an alle

  • English v. Ricart

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Marjorie M. Rogers Rogers & Watkins LLP, Marietta, for appellant.
    for defendant: Larry J. White Smith, White, Sharma & Halpern, Atlanta, Marston C. Brown, Marietta, and Virginia S. Harkins, Powder Springs, for appellee.

    Case Number: S05A1858

    The Court ruled that under the facts of the case, in which the will was not yet admitted into probate, O.C.G.A. § 53-11-5 authorized the probate court to extend the appellee's to raise a claim for h

  • Smith v. State

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Melanie Higgins, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A1873

    The defendant shot the victim multiple times as the victim tried to gain entry to the defendant's room at an extended-stay motel through a w

  • Stinchcomb v. State

    Publication Date: 2006-02-10
    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, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A2003

    The jury was authorized to find the defendant guilty of the felony murder of ictim as a party to the crime, even though his codefendant fired the fatal shot, since both defendants were firing a

  • Hooks v. State

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Caprice R. Jenerson, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Leonora Grant, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Edwina M. Watkins, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A1744

    The evidence authorized the jury to find that a gun officers found on the defendant's girlfriend's property was the murder weapon, even though police could not make a conclusive determination as to

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  • Rojas v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Dan W. Mayfield, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A1644

    Officers found the stabbing victim's blood on the defendant's shorts and the defendant's bloody fingerprint inside the victim's apar

  • Porter-Martin v. Martin

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Alison K. Arce, Atlanta, for appellant.
    for defendant: James C. Watkins, Norcross, for appellee.

    Case Number: S05A2090

    O.C.G.A. § 9-11-60 d does not authorize a substantive correction to a final divorce decree without an order setting aside the jud

  • Morris v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A1381

    Trial counsel was not deficient for failing to request the removal of four venire panel members for cause, since each challenged juror affirmed his or her impartiality, despite expressing some conce

  • Collier v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A1958

    The defendant shot the victim in the leg and then shot him in the head after the victim's vehicle stalled out a few blocks from where the victim grabbed a bag of crack cocaine from the defendant and

  • Parris v. Liefels

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Paul M. Ledbetter Jr., Covington, for appellant.
    for defendant: Paul J. Oeland IV and David A. LaMalva LaMalva & Oeland LLC, Conyers, for appellee.

    Case Number: S05A1614

    Constructive trust on appellant's property could not stand, since no evidence showed that the appellant broke his oral that appellee could stay on the property following her divorce from appellant'