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  • Turner v. State

    Publication Date: 2008-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1741

    The trial court erred in entering judgment on the jury's findings of guilt with regard to the felony murder and aggravated assault counts, since the jury's express finding of justification r

  • Zepp v. Brannen

    Publication Date: 2008-01-25
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1320

    An order tolls the running of the 5-year rule set forth in O.C.G.A. § § 9-2-60 b and 9-11-41 e-automatically dismissing a suit by operation of law when ' "no written order is ta

  • Rivers v. State

    Publication Date: 2008-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1665

    Given the numerous witnesses, who identified him as the shooter, the defendant failed to show clear prejudicial harm necessary to overturn the court's denial of his motion to sever his

  • Tavakolian v. Scott

    Publication Date: 2007-11-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gholamreza Tavakolian, Avondale Estate, proceeded pro se. Stephen E. Whitted DeKalb County Law Dept., John E. Robinson McLarty, Robinson & Van Voorhies LLP, Decatur, and James W. Garner Garner & Still, Lawrenceville, for appellees.
    for defendant:
    Case Number: S07A0703

    Evidence presumably supported special master's findings of fact and conclusions of law in an action to set aside the tax deed to certain DeKalb county pro

  • Jones v. State

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edward J. A. Jones, Davisboro, proceeded pro se. Scott L. Ballard, District Attorney, Fayetteville, Thurbert E. Baker, Attorney General, and Mary N. Kimmey, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S07A0988

    The record did not support the defendant's contention that the conviction entered on his 1987 guilty plea to malice murder preceded his indic

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

    View this Book

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  • Bryant v. Vowell

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John G. Wolinski, Tifton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Paul Bowden, District Attorney, Tifton, for appellee.
    Case Number: S07A1045

    Pursuant to O.C.G.A. § 17-7-50, a person arr and incarcerated for 90 days is entitled to grand jury review of, or bond set for, the charge or charges on which the accused was arr

  • Oconee County Bd. of Tax Assessors v. Thomas

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael C. Pruett Hall, Booth, Smith & Slover PC, Athens, for appellant.
    for defendant: Robert J. Huff, Watkinsville, for appellee.
    Case Number: S07A0897

    The appellee had the right to appeal to the County Board of Equalization an assessment that the County Board of Tax Assessors imposed for her alleged breach of a conservation use covenant on her

  • Culmer v. State

    Publication Date: 2007-08-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven E. Phillips Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Laura D. Dyes, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0242

    The trial court did not err in admitting a witness's hearsay testimony about prior difficulties between the defendant and the victim under the necessity exception to hearsay

  • Muhammad v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Michael Treadaway and Ray B. Gary Jr. Treadaway & Treadaway, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Reuben M. Green, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Emily R. Roselli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0065

    Disclosure of a witness list is personal to the defendant, such disclosure is testimonial in nature and there might be instances where disclosure before commencement of the guilt-innocence phase of

  • Preston v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0371

    The interrogating officer's discussion of death penalty and life without parole and the officer's statement that the district attorney based charges brought on a recommendation from police amounted