• Murphy v. Bajjani

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: E. Victoria Sweeny, Stephen D. Pereira, Elizabeth A. Kinsinger Thompson & Sweeny PC, and Gerald Davidson Jr. Mahaffey Pickens Tucker LLP, Lawrenceville, for appellant.
    for defendant: . Richard A. Carothers and Cheryl R. B. Reid Carothers & Mitchell LLC, Buford, for appellees. Amicus appellant: Phillip L. Hartley and Martha M. Pearson Harben & Hartley LLP, Gainesville.

    Case Number: S06G1483

    The trial court did not err in granting the defendants' motion for judgment on the pleadings in a case involving serious injuries a high school student suffered due to a physical attack by another s

  • Culmer v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    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

  • Teal v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David Burroughs, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Alison W. Toller, Assistant District Attorney, Gainesville, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S07A0124

    Evidence officers discovered during a warrantless search of the defendant's motel room was admissible under the inevitable discovery exception to the exclusionary

  • Lowery v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: L. David Wolfe, Kathryn A. Westberry and Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Paul Bowden, District Attorney, Tifton, Bradford L. Rigby, Assistant District Attorney, Albany, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S07A0262

    The trial court harmlessly erred in failing to consult with the defendant and his counsel prior to responding to the jury's substantive communic

  • JD Design Group Inc. v. Graham

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas H. Hurt Hurt & Assocs., Cordele, and Sharon H. Reeves Jones, Cork & Miller, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Warren R. Calvert , Senior Assistant Attorney General, Michele M. Young, Daniel M. Formby and R. O. Lerer, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S07G0111

    The taxpayer failed to protect itself from liability for its predecessor's delinquent sales and use taxes when it purchased substantially all of the predecessor's a

  • Thompson v. Central of Ga. RR

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John E. Robinson, Gregory H. Blazer McLarty, Robinson & Van Voorhies LLP, Mark F. Dehler Mark F. Dehler LLC, Decatur, C. Terry Blanton Perrie, Bone & Burr LLC, and William H. Dodson II Dodson, Feldman & Dorough LLP, Atlanta, for appellant.
    for defendant: Benjamin M. Garland Hall, Bloch, Garland & Meyer, Macon, and Bert King, Gray, for appellee.

    Case Number: S07A0518

    Some evidence supported the special master's ruling that the railroad owned the disputed property in Jones c

  • Taylor v. Taylor

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael E. Manely and Stephanie L. Steele The Manely Law Firm PC, Marietta, for appellant.
    for defendant: Thomas J. Browning and Tyler J. Browning Browning & Smith LLC, Marietta, for appellee.

    Case Number: S07F0358

    Evidence that the husband and his family chronically abused drugs, the husband's lack of parenting skills, motivation to improve or good judgment, his abuse of religion to defame the wife and fright

  • Ferguson v. Freeman

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles E. Ferguson, Atlanta, proceeded pro se. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.
    for defendant:

    Case Number: S07A0326

    Taylor v. Chitwood, 266 Ga. 793 1996 decided the issue of whether the trial court erred in failing to conduct a preliminary hearing in the defendant's underlying criminal case after he was indicted

  • Pruitt v. State

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David S. Klein, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Jason C. Fisher and Robin J. Leigh, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S07A0200

    The co-defe s wife testified that the defe shot the victim twice and the defe s girlfriend identified the murder weapon as a gun she owned and kept in a home she shared with the defe

  • Kelly v. Dawson County

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Bishop Cummings, Kelley & Bishop PC, Gainesville, for appellant.
    for defendant: Joseph A. Homans Fox, Chandler, Homans, Hicks & McKinnon, Dawsonville, Dana B. Miles, Kevin J. Tallant Miles, McGoff & Moore LLC, Cumming, and E. Neil Bishop, Marietta, for appellees.

    Case Number: S07A0506

    The delay in filing the transcript, which was due to a 74-day delay in filing duplicate copies of the exhibits, was unreasonable and inexcu