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Publication Date: 2016-10-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: R. Jonathan Hart, County Attorney, and Jennifer R. Burns County Attorney's Office, Savannah, for appellant.
for defendant: . Steven E. Scheer and Craig A. Call Scheer Montgomery Call PC, Savannah, for appellee.
Case Number: S16A0682
The trial court properly ruled on a superior court clerk's writ of mandamus that the court clerk was entitled to cost-of-living adjustments to his salary as provided by general statute and special l
Publication Date: 2016-07-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jason J. Carter, Steven J. Rosenwasser, Michael B. Terry, Joshua F. Thorpe Bondurant, Mixson Elmore LLP, James B. Finley The Finley Firm PC, Atlanta, and C. Ronald Ellington, Athens, for appellant.
for defendant: Amicus Appellant: Roy M. Sobelson GSU College of Law, Atlanta, Roy E. Barnes, and John F. Salter Jr. The Barnes Law Group LLC, Marietta. William N. Withrow Jr., Jaime L. Theriot, and Lindsey B. Mann Troutman Sanders LLP, Atlanta, for appellee. Amicus Appellee: William V. Custer IV, Jennifer B. Dempsey Bryan Cave LLP, William J. Sheppard James Bates Brannon Groover LLP, Atlanta, Hardy Gregory Jr., Carley, Gregory Gregory, Cordele, and George H. Carley Carley, Gregory Gregory, Decatur.
Case Number: S15G1295
The Court of Appeals erred in affirming the denial of the plaintiff's motion for certification of a class based on lack of numerosity in his proposed class action lawsuit alleging that a bank charge
Publication Date: 2016-07-15
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Richard O. Allen, Woodbine, for appellant.
for defendant: John T. Durden Jr., District Attorney, Hugh D. Ridgway III District Attorney's Office, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew Blackwell, Assistant Attorney General, Atlanta, for appellee.
Case Number: S16A0511
The evidence supported the defendant's convictions for felony murder and related crimes stemming from the death of his 7-month-old dau
Publication Date: 2016-07-14
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, and Stuart E. Walker Martin Snow LLP, Macon, for appellant.
for defendant: 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: S16A0106
The jury instruction, which closely tracked language found in O.C.G.A. § 17-2-2 subsection c, that where it cannot be readily determined in which county the cause of death was inflicted
Publication Date: 2016-07-12
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Mark J. Cicero, Assistant Attorneys General, and Britt C. Grant Attorney General's Office, Atlanta, for appellant.
for defendant: Amicus Appellant: Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holmen Georgia Legal Services Program, Atlanta, and Marcy A. Muller Georgia Legal Services Program, Dalton. Thomas C. Rawlings McMillan Rawlings LLP, Sandersville, for appellee. Other party representation: Todd A. Harding Maddox Harding LLC, Griffin, Roger C. Montgomery, Talbotton, and Charles B. O'Neill Jr., Zebulon. Amicus Curiae: Nathan A. Hayes Office of the Child Attorney, Suparna M. Joshi Atlanta's John Marshall Law School, Atlanta, and Jane G. Okrasinski, Athens.
Case Number: S15G1301
The Court of Appeals erred in finding that an appellate court has the authority to excuse the untimely filing of a discretionary application in a civil parental termination
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Publication Date: 2016-07-12
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Debra K. Jefferson, Lawrenceville, for appellant.
for defendant: Brian V. Patterson, Chief Assistant District Attorney, Anthony Volkodav Jr., Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Aimee F. Sobhani, Assistant Attorney General, Atlanta, for appellee.
Case Number: S16A0377
The evidence was sufficient to support the defendant's convictions for felony murder and related crimes in connection with a series of burglaries over a 2-week p
Publication Date: 2016-06-27
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Ronald S. Iddins, Columbus, for appellant.
for defendant: Gary A. Abell Abell Law Firm LLC, Columbus, for appellee.
Case Number: S16F0446
The trial court erred in awarding a portion of husband's military retirement pay as alimony, subj termination upon wife's death or remarriage, as opposed to treating it as a marital asset sub
Publication Date: 2016-06-24
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: David R. Willingham Willingham Law Firm PC, Steven A. Cook, and Bimal Chopra Jr., Marietta, for appellant.
for defendant: Barry E. Morgan, Solicitor General, Deborah M. Tatum, and Mimi A. Scaljon, Assistant Solicitors General, Marietta, for appellee.
Case Number: S15G1820
The Supreme Court reversed the Court of Appeals' decision in a matter of first impression and found that a campus police officer had no authority to effect a custodial arrest of the defendant outsid
Publication Date: 2016-06-24
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for Marchman. Edwin J. Wilson, Snellville, for Arnold. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for State.
for defendant:
Case Number: S16A0027; S16A0028
The evidence was sufficient to exclude every reasonable hypothesis save that of guilt and to warrant the defendants' convictions, either as a perpetrator who directly committed the crimes or as a p
Publication Date: 2016-06-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Michael E. Manely and Dina R. Khismatulina The Manely Firm PC, Marietta, for appellant.
for defendant: Elizabeth V. Rogan, Atlanta, and Susan M. Brown SMBLAW PC, Newnan, for appellee.
Case Number: S16A0263
The trial court did not determining that the pension payments the husband was obligated to pay his ex-wife pursuant to the terms of their divorce constituted marital property, and it did not
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