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  • Department of Transp. v. Meadow Trace Inc.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Ray O. Lerer, Senior Assistant Attorney General, Atlanta, and Thomas L. Fitzgerald Hulsey, Oliver & Mahar, Gainesville, for appellant.
    for defendant: Frank Armstrong III Stewart, Melvin & Frost LLP, Gainesville, T. Michael Tennant Alston & Bird LLP, Tim Carssow, Curtis A. Garrett Jr. and Thomas C. Harney Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: S05G1930

    Notations in a plat incorporated into a cannot vary or expand the right of access given in the

  • Amin v. Guruom Inc.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Martin A. Shelton and Holly P. Cole Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: . F. Edwin Hallman Jr. and Harry K. Buttermore III Decker, Hallman, Barber & Briggs, Atlanta, for appellee.
    Case Number: S06A0307

    The unambiguous deeds recorded in the clerk's office showed that the parties each owned a half-interest in the undeveloped lot at issue and there was no evidence of a mutual mi

  • Harbuck v. State

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Arthur F. Millard, Atlanta, for appellant.
    for defendant: Gregory R. Barton, Solicitor General, Douglasville, for appellee.
    Case Number: S06A0137

    The defendant failed to stop when a uniformed officer in a marked patrol car signaled for her to do so by pulling behind her and activating his blue l

  • Shields v. Gish

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Harry W. Krumenauer and Daniel L. Britt Jr., Marietta, for appellant.
    for defendant: Angelo T. Merolla, Atlanta, for appellee.
    Case Number: S06A0212

    The trial court erred in determining that the defendant was in default for failing to file an answer to the amended comp

  • Quedens v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerald P. Word Word & Taylor PC and Jerry F. Pittman, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Stephen M. Gray, Assistant District Attorney, LaGrange, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0070

    The trial court properly admitted a videotaped conversation between the defendant and an investigating officer from sheriff's department, since the defendant initiated conversation and persisted in

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    Allegheny County and Westmoreland County Court Rules 2024

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  • Harris v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James D. Michael Blend & Michael LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1519

    The trial court did not err in refusing to give t endant's requested charge on voluntary manslaughter where t endant shot the victim in the back one month after the victim and others beat

  • Alexander Properties Group Inc. v. Doe

    Publication Date: 2006-02-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: T. Ryan Mock Jr. and Christopher S. Keith Hawkins & Parnell LLP, Atlanta, for appellant.
    for defendant: Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Andrew H. Agatston, Hugh W. Rowling Jr., Marietta, and Thurbert E. Baker, Attorney General, Atlanta, for appellees.
    Case Number: S05A1992

    O.C.G.A. § 16-12-100b 5 does not make it unlawful for the county district attorney to produce a videotape depicting the gang rape and sexual molestation of a 13-year-old in response to a discovery

  • Williams v. Cooper

    Publication Date: 2006-01-27
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rita T. Williams Williams & Assocs., Decatur, for appellant.
    for defendant: Robert J. Hunter Hunter, Weinstein & Somerstein LLC, Atlanta, for appellee.
    Case Number: S05A1949

    Attorneys' fees against one party's counsel in a domestic relations case could not stand because the attorney was not given an adequate hearing on the subject of the fees aw

  • Nance v. State

    Publication Date: 2005-12-22
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, Sharon L. Hopkins and Johnny R. Moore, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Phil Wiley, Chief Assistant District Attorney, Thurbert E. Baker, Attorney General, and Christopher D. Helms, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05P1438

    The evidence authorized the jury to find statutory aggravating circumstances beyond a reasonable doubt to impose the death penalty on the defendant's convictions for malice murder, aggravated assaul

  • Palma v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0809

    The defendant should have been allowed to encourage the jury to infer that the witnesses who connected the defendant to the murder weapon had a bias and interest in the case, since they received red