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  • Whiting v. State

    Publication Date: 2015-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: John S. Anderson Anderson Legal PC, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Grady A. Moore, Amelia G. Pray, Assistant District Attorneys, Marietta, 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: S14A1769

    The trial court's jury charge, as given, adequately informed the jury that the defendant could only be found guilty of felony murder if the conspiracy to conduct a drug transaction was "the proximat

  • Kitchens v. State

    Publication Date: 2015-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: W. Rocky Adams, Dublin, for appellant.
    for defendant: K. David Cooke Jr., District Attorney, Sandra G. Matson, Myra H. Tisdale, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1369

    The trial court did not err in declining to give the defendant's requested jury charge regarding the possible motives of testifying witnesses, as it gave the pattern jury charge on witness test

  • Griffin v. State

    Publication Date: 2015-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Benjamin T. Edwards, Assistant District Attorney, Statesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1485

    The defendant admitted to hitting the 2-year-old victim in the chest prior to the boy dying while in his

  • Allen v. State

    Publication Date: 2015-01-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Thomas Allen, Trion, proceeded pro se. Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Gerald Mason, Assistant District Attorney, Decatur, 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: S14A1706

    The pro se defendant failed to provide the Court with any arguments or citation of authority to support his contentions on a

  • Gill v. State

    Publication Date: 2014-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Nicholas E. White Public Defender's Office, Perry, for appellant.
    for defendant: George H. Hartwig III, District Attorney, Daniel P. Bibler, Deputy Chief Assistant District Attorney, Perry, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1529

    Eyewitnesses identified the defendant as the man who approached an unarmed co-worker from behind and fatally attacke

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  • Owens v. Urbina

    Publication Date: 2014-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Joseph J. Drolet, Senior Assistant Attorney General, and Rebecca J. Dobras, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Stephen R. Scarborough, Atlanta, for appellee.
    Case Number: S14A1334

    The trial court did not err in entering a permanent injunction prohibiting the Georgia Department of Corrections from requiring the plaintiff to register as a sex offender based on his Alabama convi

  • Washington v. State

    Publication Date: 2014-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, 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: S14A1327

    The trial court did not err in allowing counsel for the victim's brother to testify regarding the manner in which detectives presented a photographic lineup to his c

  • McGee v. State

    Publication Date: 2014-11-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A1648; S14A1649

    The record did not reveal whether the defendant or his counsel bore the responsibility for the failure to timely direct appeal to properly address the issue of whether the trial court improperly se

  • Poellnitz v. State

    Publication Date: 2014-11-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Barry M. Hazen and Thomas M. West, 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 Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1573

    A prior inconsistent statement of a witness who takes the stand and is subject to cross-examination is admissible both to impeach the witness and as substantive evi

  • Faulks v. State

    Publication Date: 2014-10-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1339

    The trial court did not err in charging the jury on forms of aggravated assault other than that charged in the indic