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  • Washington v. State

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Christopher T. Adams, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0047

    The line of cases represented by Potts v. State, 241 Ga. 67 1978, are disapproved of to the extent they hold that malice murder and kidnapping with bodily injury could merge as a matter of

  • Oliver v. State

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ronnie K. Batchelor, Lawrenceville, Stephanie S. Benefield and Hollie G. Manheimer Stuckey & Manheimer, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, David K. Keeton, Assistant District Attorney, Lawrenceville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0242

    The defendant's videotaped statements about his criminal record were admissible because they were freely and voluntarily given without hope of benefit or fear of injury after defendant was advised o

  • Funderburk v. State

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cynthia W. Harrison, Stone Mountain, 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 Jr., Attorney General, and Ruth M. Pawlak, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0218

    The defendant's sentence of life imprisonment without the possibility of parole for murder was illegal under the recidivist statute, O.C.G.A. § 17-1

  • Richardson v. State

    Publication Date: 2003-05-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0183

    Blood spatter evidence and ictim's uncharacteristic disappearance following an intentionally set fire in his home authorized the jury to find that ictim was murdered, despite the absence o

  • Bridges v. Taylor

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mickey E. Waller Whelchel, Whelchel & Carlton, Moultrie, J. Ed Segraves Zachary & Segraves, Decatur, for appellant.
    for defendant: . Willaim C. McCalley, Moultrie, for appellee.
    Case Number: S03A0095

    Under the unambiguous terms of the testatrix's will, each bequest of the residue of her estate lapsed if the beneficiary predeceased her and the bequests did not vest unless the beneficiaries survi

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    Library of California Employment Law Forms

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  • Simmons v. State

    Publication Date: 2003-05-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Franklin L. Simmons, Oglethorpe, proceeded pro se. James D. McDade, District Attorney, Christopher R. Johnson, Assistant District Attorney, Douglasville, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S03A0013; S03A0014

    The defendant could not appeal his murder conviction based on ineffectiveness of trial counsel since that issue was decided adversely to him in a prior proce

  • Head, Warden v. Thomason

    Publication Date: 2003-05-02
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan B. Boleyn, Senior Assistant Attorney General, Paige R. Whitaker, Patricia B. Burton, and Mitchell P. Watkins, Assistant Attorneys General, Atlanta, for Head. Thomas H. Dunn Georgia Resource Ctr., Atlanta, Matthew Feinberg and Matthew Kamholtz Feinberg & Kamholtz, Boston, Mass., for Thomason.
    for defendant:
    Case Number: S02A1515; S02X1516

    Trial counsel was deficient for failing to adequately investigate and present the death defendant's mental illness

  • Zwiren v. Thompson

    Publication Date: 2003-04-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert P. Monyak, Anna B. Fretwell and Luca W. Andrews Love Willingham Peters Gilleland Monyak, Atlanta, for appellant.
    for defendant: . Jim N. Peterson Jr. Peterson & Harris, Atlanta, for appellee. Amicus Appellant: Thomas S. Carlock Carlock, Copeland, Semler & Stair LLP, Atlanta. Amicus Appellee: John S. Taylor Taylor, Harp & Callier, Columbus. Neutral amicus: Antoinette D. Johnson Boone & Stone, Atlanta, and William S. Stone Boone & Stone, Blakely.
    Case Number: S02G1063

    The trial court did not reversibly err in charging the jury that a medical malpractice plaintiff had to prove her case within a reasonable degree dical certainty, rather than a reasonable degre

  • Head, Warden v. Thomason

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan B. Boleyn, Senior Assistant Attorney General, Paige R. Whitaker, Patricia B. Burton, and Mitchell P. Watkins, Assistant Attorneys General, Atlanta, for Head. Thomas H. Dunn Georgia Resource Ctr., Atlanta, Matthew Feinberg and Matthew Kamholtz Feinberg & Kamholtz, Boston, Mass., for Thomason.
    for defendant:
    Case Number: S02A1515; S02X1516

    Trial counsel was deficient for failing to adequately investigate and present the death defendant's mental illness

  • Carter v. State

    Publication Date: 2003-03-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Joseph K. Mulholland, Assistant District Attorney, Bainbridge, Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith and Jason C. Fisher, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S03A0364

    The circumstantial evidence supported defendant's conviction for felony murder based on the underlying crime of child cr