• Trop Inc. d/b/a Pink Pony v. City of Brookhaven

    Publication Date: 2014-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Alan I. Begner, Cory G. Begner, Boris Y. Milter Begner & Begner PC, Aubrey T. Villines Jr. Magarahan, Villines & Honis, Atlanta, and Linda I. Dunlavy Dunlavy Law Group LLC, Decatur, for appellant.
    for defendant: . Scott D. Bergthold and Bryan A. Dykes Law Office of Scott D. Bergthold, Chattanooga, Tenn., for appellees.

    Case Number: S14A0931

    The trial court did not err in finding that the defendant city's sexually-oriented business ordinance did not unconstitutionally infringe on the plaintiffs' free speech r

  • State v. Abernathy

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S14A0855; S14X0856

    Newly discovered evidence that does nothing more than impeach a witness's testimony is insufficient by itself to warrant the grant of an extraordinary motion for new

  • Perera v. State

    Publication Date: 2014-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S14A1109; S14A1110

    The State properly proved venue in Douglas County, since the victim's body was discovered there and it could not be determined whether his death occurred there or else

  • Wingster v. State

    Publication Date: 2014-09-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Kenneth W. Sheppard, Smyrna, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A1096

    Several eyewitnesses saw the defendant walk up to the victim and fatally shoot him in his head and

  • Bragg v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: William A. Adams Jr. Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0832

    The trial court properly admitted evidence of three similar transactions where the defendant solicited others to kill her former husband to show identity, state of mind, common design or scheme and

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  • Geiger v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Marnique W. Oliver, Swainsboro, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Joe G. Skeens, Assistant District Attorneys, Hinesville, 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: S14A0637

    The inadvertent failure to remove the defendant's leg shackles when he entered the courtroom prior to jury selection did not constitute the admission of improper character evi

  • Trauth v. State

    Publication Date: 2014-09-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0979

    The record belied the defendant's contention that his trial attorneys were deficient in failing to properly inform him about the possibility of voluntary manslaughter and involuntary intoxication d

  • Georgia Dep't of Cmty. Health v. Northside Hosp. Inc.

    Publication Date: 2014-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S14G0341; S14G0346

    The Court of Appeals erred in affirming the superior court's finding that Ga. Comp. R. Regs. r. 111-2-2-.40 1 a's provision for a case-by-case review of whether an ambulatory surgery ser

  • Avery v. State of Ga.

    Publication Date: 2014-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Charles K. McKnight Jr. and Gary J. Toman Nations, Toman & McKnight LLP, Atlanta, for appellant.
    for defendant: . Donald R. Donovan, District Attorney, Steven J. Messinger, Chief Assistant District Attorney, Dallas, James R. Woodward Alston & Bird LLP, Atlanta, William T. Cable Jr., James J. Phillips Talley, Richardson & Cable PA, Dallas, Norman S. Fletcher, and Lee B. Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellees.

    Case Number: S14A0792

    The trial court did not err in validating a $3.6M bond to be issued by the county Airport Authority for use in widening and extending the taxiway at the county airport to accommodate commercial pass

  • DeCay v. Houston

    Publication Date: 2014-05-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: S14A0412

    The special master had no conflict of interest because she was appointed by a Stipulated Conflict Waiver, which the parties had agreed