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  • Simpson v. State

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Kathryn O. Fallin, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0475

    The def 's indictment for malice murder for the strangulation death of his girlfriend did not require proof that the def used his hands to strangle the victim, but only proof that the de

  • Rucker v. State

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Arianne E. Mathe, Gainesville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Leon Jourolmon, Chief Assistant District Attorney, Elberton, David P. White, District Attorney, James A. Carmichael, Assistant District Attorney, Hartwell, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0402

    The defendant was procedurally barred from pursuing an ineffective assistance of counsel claim because he failed to file a motion for new trial after the trial court granted him an out-of-time a

  • Meade v. Williamson

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ronald B. Warren, Christopher K. Rodd, and Malia Phillips-Lee Whitehurst, Blackburn & Warren, Thomasville, for appellant.
    for defendant: James M. Skipper Jr. Gatewood, Skipper & Rambo, Americus, for appellee. Other party representation: Franklin T. Coleman IV Perry & Walters LLP, Albany.
    Case Number: S13A0517

    The trial court erred in declaring a run-off ele for Sheriff invalid and ordering a new ele

  • Lewis v. State

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S13A0225; S13A0226

    The defendant was not entitled to a mistrial based on the State's failure to provide a witness's statement during discovery, since the witness was available for defense counsel to interview prior to

  • Austin v. Bank of Am. NA

    Publication Date: 2013-05-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Albert A. Chapar Jr. and Rebecca E. Strickland The Chapar Firm LLC, Conyers, for appellant.
    for defendant: Samuel S. Olens, Attorney General, John A. Moore The Moore Law Group LLC, Paul M. Alexander, William A. DuPre IV, and Michael A. Coots Jr. Miller & Martin PLLC, Atlanta, for appellees.
    Case Number: S13A0070

    Loan documents authorized the bank to accelerate and file suit to collect all amounts owed when the borrower failed to cure the payment de after receiving timely notice of the de

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  • Arthur v. Arthur

    Publication Date: 2013-05-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ben Kirbo Kirbo Law Firm, Bainbridge, for appellant.
    for defendant: Joshua C. Bell, Whigham, for appellee.
    Case Number: S13F0339

    The trial court's judgment in a divorce action failed to contain sufficient findings of fact to clarify its exercise of discretion in arriving at the equitable division of marital property, and the

  • Sessions v. State

    Publication Date: 2013-05-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Matthew Breedon, Chief Assistant District Attorney, Tracia M. King, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0041

    The defendant was collaterally estopped from re-litigating the merits of his ineffective assistance of counsel claim in a motion for out-of-time a

  • McKay v. State

    Publication Date: 2013-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Lew S. Barrow, Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0346

    Trial counsel was not deficient for failing to present evidence that two other individuals had allegedly confessed to the murder for which the defendant was charged, since his trial strategy was to

  • Burgess v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven M. Frey, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, Luana P. Nolin, Billy J. Dixon, Assistant District Attorneys, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0114

    In a case involving a deadly drive-by shooting, the State's witness was properly qualified as an expert in gang identity and investigation prior to his testimony regarding the defendant's involveme

  • Choisnet v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Shalena C. Jones, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0810

    The trial court failed to apply the appropriate legal standard of review in ruling on the defendant's amended motion for new trial after he was convicted of murdering his father, and failed to apply