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  • May v. Crane Bros. Inc.

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Timothy P. Healy Healy & Svoren, Toccoa, for appellant.
    for defendant: L. Allyn Stockton Jr. Stockton & Stockton LLC, Clayton, for appellee.
    Case Number: S02G0573

    An employer who was vicariously liable for its employee's torts had no right to present evidence of the employee's criminal conviction for the underlying conduct in mitigation of punitive da

  • City of Atlanta v. Barnes

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lemuel H. Ward, Michelle L. Thomas and Rosalind R. Newell, Atlanta, for city of Atlanta. Robert D. Feagin Decker & Hallman, Atlanta, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz, Athens, for Barnes. Sonja L. Salo McKinney & Salo PA, Atlanta, for Salo.
    for defendant:
    Case Number: S02A1338; S02A1478

    Henderson v. Carter, 229 Ga. 876 1972, and the line of c pplying its holding, are overruled to the extent they hold that class actions are not allowed in tax refund c

  • Fincher v. State

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gary B. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1490

    Defendant's consent to search his home cured any defect in the officers' warrantless entry onto his pro

  • Burgess v. State

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bernard S. Brody, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1306

    The state had no duty under Brady to produce an oral statement from a witness who testified that defendant and another man shot the v

  • Ramirez v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas M. West, Dwight L. Thomas, Robert H. Citronberg, Atlanta, and Keith E. Adams, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Mike McDaniel, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1769

    Defendant failed to make a prima facie case for an equal protection violation based on his claim that African-Americans were underrepresented on the 2000 grand jury source list which was drawn from

  • Law Journal Press | Digital Book

    Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

    Authors: James C. Freund

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  • Morgan v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: B. Morris Martin and Nancee E. Tomlinson B. M. Martin & Assocs., Jasper, for appellant.
    for defendant: Roger G. Queen, District Attorney, Jasper, William B. Britt, Assistant District Attorney, Ellijay, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta.
    Case Number: S02A1323

    A prayer given prior to selection was not a per se violation of the defendant's constitutional right to a fair and impartial

  • Jackson v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Jill M. Zubler and Paula K. Smith, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1659

    The trial court properly admitted ER photographs of the 22-month-old murder victim showing the standard treatments and procedures initiated in an attempt to resuscitat

  • State v. Johnson

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, Thurbert E. Baker Jr., Attorney General, and Paige R. Whitaker, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Michael C. Garrett Garrett & Gilliard PC, Augusta, Michael M. White Office of the Public Defender, Elberton, Michael M. Mears and Holly L. Geerdes, Multi-County Public Defenders, Atlanta, for appellee.
    Case Number: S02A1330

    The trial court properly sealed the state's l health expert's examination of defendant until such time as he may waive his right against self-incrimination by announcing his intention to presen

  • Holmes v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gwendolyn Johnson and Tony L. Axam Axam, Adams & Secret PA, 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 Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0536

    The victim's spontaneous statement during his struggle with the defendant was admissible as part of the res gestae of the

  • Myers v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert M. Thomas, Colquitt, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1173

    Evidence that the investigating officer found defendant in his nearby home bleeding heavily from gunshot wounds to his hand supported his conviction for the malice murder of his neighbor, who died f