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  • Moon v. Moon

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William A. Fletcher Jr. and Michael R. Dunham Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Patrick J. Fox McNally, Fox & Grant PC, Fayetteville, for appellee.
    Case Number: S03F0991

    Any error in the trial court's refusal to hear the testimony of the couple's 14 and 13-year-old children at the final hearing on the divorce was harmless since the trial court determined that the mo

  • Dixon v. Cole

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jeb Chatham, Ellijay, for appellant.
    for defendant: Sherri L. Dillard-Doss Doss & Doss, David E. Ralston, Michael D. Birchmore, James L. Bass, Blue Ridge, and Robert M. Ray Jr., Ellijay, for appellees.
    Case Number: S03A0880

    The trial court properly dismissed plaintiff's petition for equitable partition of area below her lakefront lot where the plaintiff failed to join an indispensable party and the trial court lacked j

  • Cresent Hill Apts. v. Admiral Ins. Co.

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William K. Carmichael and David M. Lilenfeld Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: John D. Hipes Hipes & Norton PC, Alpharetta, and Edward A. Miller Gray, Rust, St Amand, Muffett & Brieske, Atlanta, for appellees.
    Case Number: S03Q1237

    O.C.G.A. § 33-24-44 b, requires both mailing of the notice and evidence of the mailing from the United States Postal Se

  • Herring v. State

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James J. Lacy, Brunswick, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1270

    The defendant admitted that he shot the victim and the record did not support his contention that the victim had

  • Cain v. State

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: R. Gary Spencer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1028

    The defendant told various persons that he killed a young woman and put her body in an apartment closet and the victim's body was found in the apartment where the defendant was staying at the time o

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Brownlow v. Shofield

    Publication Date: 2003-10-31
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hardy Gregory Jr. Gregory, Christy & Maniklal, Cordele, Bobby L. Cook Cook & Connelly, Summerville, and Thomas W. Tucker Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Assistant Attorney General, Atlanta, and Daniel W. Hamilton Plunkett, Shepard, Plunkett & Hamilton, Augusta, for appellee.
    Case Number: S03A1149

    The state violated Brady by withholding information that the victim shook his head in the negative when the prosecuting attorney asked him 10 days before trial whether the defendant committed a spec

  • Prince v. State

    Publication Date: 2003-10-31
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mark L. Pickett Donaldson, Bell & Pickett PC, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Alex J. Kaplan, Assistant District Attorneys, Albany, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A1108

    The defendant admitted in an audiotaped statement with police that he killed the v

  • Sheriff v. State

    Publication Date: 2003-10-17
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Floyd M. Buford Jr. Buford & Buford, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Amy E. Smith, Assistant District Attorney, Perry, for appellee.
    Case Number: S03G0492

    The statutory limitation of one counsel "heard in conclusion" applies to the party exercising the privilege of the final jury arg chronologically, not the party making the middle arg

  • Wicks v. State

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Calvin Lamar Jr., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Anne E. Green, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0728

    Defendant's untimely motion for a new trial was void and did not toll the 30-day limit for filing his notice of a

  • Wilson v. State

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex