• Thornton v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Frank M. Gaither Jr. and Vonnetta L. Benjamin, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: S05A0846

    The defendant's polygraph results corroborated the co-defendant's testimony that he awoke from a drug-induced sleep to the sounds of gunshots and he went outside to see the defendant shooting the v

  • State v. Jaramillo

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor General, and Jeffrey P. Kwiatkowski, Assistant Solicitor, Lawrenceville, for appellant.
    for defendant: Kunle Ogundele, Atlanta, for appellee.

    Case Number: S05A1188

    The solicitor-general of the state court in which a misdemeanor conviction occurred is the proper state representative of the defendant's action attacking his conviction by means of habeas c

  • State v. Nash

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and Charles M. Stines, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Ernie M. Sheffield, Bainbridge, James C. Bonner Jr. and Sarah L. Gerwig-Moore Georgia Public Defender Council, Atlanta, for appellee.

    Case Number: S05A1315

    The agent's questions about how the defendant came into police custody did not constitute routine booking questions, which are exempt from Mi

  • Lett v. Alderman

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: E. Earle Burke, Atlanta, for appellant.
    for defendant: Barbara A. Alderman, and Richard L. Daniel, Porterdale, proceeded pro se.

    Case Number: S05A1222

    Since the appellants waited until the day before the hearing to retain counsel, they could not establish that they were without fault when their counsel failed to appear at the hearing, due to a cas

  • Davis v. Murrell

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Marcus C. Chamblee, Cambridge, Mass., for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A0744

    The defendant would not have pled guilty to charges of armed robbery if his plea attorney had not misinformed him that he would be eligible for sen review after 10 years of his 20 year sen

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    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

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  • Harris v. State

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ronald M. Adams, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Raina J. Nadler, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A0614

    The defendant manually strangled the victim, hid her body in a locked deep freezer in the victim's home, sold the victim's possessions and jewelry and forged several checks on the victim's bank ac

  • Brodes v. State

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard, District Attorney, Alvera A. Wheeler and Anne E. Green, Assistant District Attorneys, Atlanta, for appellee.

    Case Number: S04G2101

    Reliability of an eyewitness's identification can be negatively impacted by stress or violence, so trial courts are advised to refrain from informing jurors that they may consider a witness's level

  • Lewis v. State

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Pub. Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Vonnetta L. Benjamin, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S05A0627

    The defendant killed one victim for the sole purpose of causing his wife emotional distress, then shot at several strangers, killing one of them, in an attempt to create the illusion of an unknown k

  • Bernocchi v. Forcucci

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael W. Higgins Higgins & Dubner, Atlanta, for appellants. Charlotte K. Perrell Perrell & Wright LLC, Atlanta, for appellee.
    for defendant:

    Case Number: S05A0483

    Trial court erred in granting appellee's motion for an interlocutory injunction pending the resolution of his claim regarding the issuance of stock in a company he co-owned with two others, without

  • Smith v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Marcy A. Jolles and Benjamin A. Pearlman UGA Legal Aid & Defender Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: S04G1878

    The amendment to the accusation charging defendant with felony theft by shoplifting and misdemeanor theft by receiving did not constitute the commencement of a new prosecution and defendant's previo