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  • Forte v. The State

    Publication Date: 2017-12-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Victoria Lynn Novak (Office of the Public Defender), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Julia Anne Fessenden Slater, Matthew Jon Landreau, William Donald Kelly, Jr. (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S17A1912

    The trial court did not plainly err in giving the jury an incomplete charge on malice murder as the jury had a written copy of the complete charges during its deliberation and the trial courts mistake in reading the charge thus did not affect defendant's substantial rights in such a manner as to affect the outcome of the trial court proceedings.

  • Holmes-Bracy v. Bracy

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Rodney Earl Davis (Rodney E. Davis, P.C.), Warner Robins, for appellant.
    for defendant: Carmel W. Sanders, Macon, for appellee.
    Case Number: S17A1682

    The trial court partially erred in concluding that husband could not be held in contempt for failing to make any of the monthly payments of fifty percent of his military retirement that he was required to make under the terms of parties final divorce decree because the judgment had become dormant.

  • The State v. Cohen

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Georgia Supreme Court
    Judge: Acting Presiding Justice Melton
    Attorneys: For plaintiff: Paul L. Howard, Jr., Marc A. Mallon, F. McDonald Wakeford, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone, Morris & White, LLP), Atlanta; Jimmy Dodd Berry (Jim D. Berry, PC), Marietta; Reid Thompson (Reid Thompson Law), Marietta, for appellee.
    Case Number: S17A1265

    The trial court partially erred in dismissing charges against a woman and her attorneys arising out of an alleged conspiracy for the woman to secretly video record the defendant in a sexual harassment lawsuit her attorneys filed on her behalf and the subsequent transmission of a demand letter to that defendant.

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).

  • Freeman v. The State

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Justin Freeman, Rockmart, for appellant.
    for defendant: Stephanie D. Woodard, Daniel Sanmiguel (Hall County Solicitor General's Office), Gainesville; Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A1040

    The Supreme Court reversed defendant's conviction for one count of disorderly conduct pursuant to O.C.G.A. 16-11-39 subsection (a) (1) because defendant's act of raising his middle finger to a pastor during a church service was a constitutionally protected act that did not place the pastor in reasonable fear for his safety.

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  • Roscoe v. The State

    Publication Date: 2017-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Cynthia Wright Harrison (Harrison Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0718

    The evidence supported defendant's convictions for malice murder and related offenses and the trial court did not abuse its discretion in granting State's motion in limine to exclude hearsay testimony allegedly showing that someone other than defendant killed the victim.

  • Revere v. The State

    Publication Date: 2017-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Leah Davis Madden (Davis Madden & Associates PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0806

    The defendant failed to prove his ineffective assistance of counsel claims arising out of his trial and convictions for murder and various other offenses and the Court affirmed his convictions.

  • Lockamy v. Lockamy

    Publication Date: 2017-10-02
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Garnett Harrison, Jacqueline NiCole Fortier (Garnett Harrison PC), Kingsland, for appellant.
    for defendant: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellee.
    Case Number: S17A0966

    The trial court erred in granting wife's motion to reform a divorce decree because she untimely filed the motion more than six years after the entry of the judgment.