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  • Rockdale County v. Burdette

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John A. Nix, Thomas A. Bowman and Robert L. Zoeckler Maddox, Nix, Bowman & Zoeckler, Conyers, for appellant.
    for defendant: . Kenneth L. Levy, Kenneth W. Carpenter and Stephen M. Gibbs Zachary & Segraves PA, Decatur, for appellee.
    Case Number: S04A0719

    A pre-existing nonconforming use prevents landowners from being similarly situated for equal protection pur

  • Postell v. Humphrey

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Timothy Postell, Pelham, proceeded pro se. Mark A. Gilbert, Valdosta, Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1253

    O.C.G.A. § 17-10-1 does not implicate ex post facto con

  • Jones v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David Jones Jr., Buford, proceeded pro se. Daniel J. Craig, District Attorney, Augusta, for appellee.
    for defendant:
    Case Number: S04A2012

    The direct appeal authorized by Williams v. State, 271 Ga. 686 1999, is limited to the appeal of a sentencing court's ruling on a pleading, which asserts that the sentence imposed punishment the law

  • Coker Properties LP v. Brooks

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Robert Oliver, Margaret M. Youngblood Oliver & Winkle PC, Jonesboro, and W. Howard Fowler, Lawrenceville, for appellant.
    for defendant: . Rex P. Cornelison III Cornelison & Ziolo LLP, Atlanta, for appellees.
    Case Number: S04A0997; S04A0998

    The complexities of the case, including claims for an accounting and contribution, warranted an equitable partitioning of the land at

  • Chatman v. Mancill

    Publication Date: 2004-10-29
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Stephen D. Pereira, Stone Mountain, James C. Bonner Jr., Sarah L. Gerwig Georgia Indigent Defense Council, and Marcus C. Chamblee, Atlanta, for appellee.
    Case Number: S04A1150

    The habeas court must determine whether the defendant has overcome the procedure bar to his claim that he was deprived of his right to due process by virtue of a 7-year post-conviction appellate del

  • Law Journal Press | Digital Book

    Lawyer’s Handbook: Ethics Compliance and Claim Avoidance, The

    Authors: SHARI L. KLEVENS, ESQ., J. RANDOLPH EVANS, ESQ., ALANNA G. CLAIR, ESQ.

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  • Burnett v. Holroyd

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas E. McCormack Harvey & McCormack, Jefferson, for appellant.
    for defendant: James D. Sexton Sexton & Sexton, and Randall S. Rolader, Lawrenceville, for appellees.
    Case Number: S04A0786

    The appellant failed to prove the existence of an implied resulting trust with regard to the undivided 1/2 interest in a 152-acre farm he deeded to his estranged

  • Banker v. Cole

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael J. Bowers and J. Matthew Maguire Jr. Balch & Bigham LLP, Atlanta, for appellant.
    for defendant: John D. Jones Greene, Buckley, Jones & McQueen, Atlanta, Kenneth E. Jarrard and Angela E. Davis Jarrard & Davis LLP, Cumming, for appellees.
    Case Number: S04A2128

    A candidate for Chief Magistrate of Forsyth County did not meet her burden of demonstrating an irregularity or illegality sufficient to change the result of the primary election or place it in

  • Bolden v. State

    Publication Date: 2004-10-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bobby D. Wilson, Roswell, for Bolden. Luana K. Walsh, Atlanta, for Lindsey. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S04A1473; S04A1526

    Defendant's pre-Miranda statement was admissible, even though she made the statement after police transported her to the station in handcuffs, since the handcuffs were merely a safety measure for th

  • Poppell v. Gault

    Publication Date: 2004-10-08
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Donald O. Nelson, Townsend, for appellant.
    for defendant: Douglas W. Alexander, St. Simons, Island, for appellees.
    Case Number: S04A1330

    The petitioner was not entitled to the salary of a full-time chief magistrate because he was no longer exercising the powers of a magistrate at least 40 hours per

  • Moore v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0703

    Defendant failed to meet his burden of showing ineffectiveness of trial co