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  • Thornton v. State

    Publication Date: 2013-04-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0683

    The Court reversed the defendant's conviction for theft by receiving a stolen gun, as the State established that the gun was stolen 29 months earlier, but failed to present evidence that the defenda

  • Jackson v. State

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A2083

    The evidence supported the defendant's convictions arising from the shooting of his girlfriend and the burning of her body inside her vehicle to conceal her

  • In Re Herbert Adams

    Publication Date: 2013-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: S12A1949

    Evidence supported the trial court's ruling that the defense attorney was in willful contempt for being unprepared for a specially set trial in a criminal prosecution for m

  • Villanueva v. First Am. Title Ins. Co.

    Publication Date: 2013-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hugh C. Wood Wood & Meredith LLP, Tucker, for appellant.
    for defendant: . Amicus Appellant: James R. Evans McKenna, Long & Aldridge LLP, and Robin F. Clark, Atlanta. Frederic S. Beloin and Charles W. Brown Beloin, Brown, Blum & Wise LLC, Atlanta, for appellee. Amicus curiae: Kenneth L. Shigley Chambers, Aholt & Rickard LLP, Paula J. Frederick, General Counsel State Bar of Georgia, Atlanta, Patrick T. O'Connor, and Robert B. Lingle Oliver Maner LLP, Savannah.
    Case Number: S12G0484

    A legal malpractice claim for financial loss, involving solely the right of property, is assig

  • Barngrover v. City of Columbus

    Publication Date: 2013-03-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James D. Patrick Jr., Columbus, for appellant.
    for defendant: Clifton C. Fay, City Attorney, Lucy T. Sheftall, Assistant City Attorney, James C. Clark Jr., Thomas F. Gristina, and Alan G. Snipes Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellee.
    Case Number: S12A1492

    The trial court's order directing the razing and rebuilding of the structures on the plaintiff's property properly resolved the equitable features of the jury's v

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Bishop v. Baumgartner

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen E. Shepard Shepard, Plunkett, Hamilton & Boudreaux LLP, Evans, for appellant.
    for defendant: William C. Davison, Evans, for appellee.
    Case Number: S12F1737

    The trial court did not abuse its discretion in denying the father visitation of his child, since evidence showed he was unfit for visitation, lacked interest in the child, chronically abused alcoho

  • McGlashan v. Snowden

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: W. Vincent Settle III Thomas & Settle, Waycross, for appellant.
    for defendant: Mary Katherine Durant Durant Law LLC, Tucker, and Joseph R. Johnson Jr. Law Offices of Thomas and Johnson PC, Waycross, for appellees.
    Case Number: S12A1896

    The trial court properly granted summary judgment to the plaintiff e defendant's counterclaim for equitable unjust enrichment after allegedly-negligent builders constructed the defendant's hous

  • State v. James

    Publication Date: 2013-02-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Raina J. Nadler, Roswell, and Barbara M. Collins, Riverdale, for appellees.
    Case Number: S12A1650

    The trial court erred in granting new trials to the defendants on the special ground that their lack of access to one page of the medical examiner's report was a Brady violation, as the defendants

  • Wells Fargo Bank NA v. Gordon

    Publication Date: 2013-02-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edward D. Burch Jr. and Edward H. Wasmuth Jr. Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Neil C. Gordon and Michael F. Holbein Arnall Golden Gregory LLP, Atlanta, for appellee.
    Case Number: S12Q2067

    A security deed lacking the signature of an unofficial witness was not in recordable form as required under O.C.G.A. § 44-14-33 and did not provide constructive notice to subsequent bona fide purcha

  • Smith v. State

    Publication Date: 2013-01-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Wesley C. Ross, Assistant District Attorney, Kimberly A. Gallant Gwinnett Justice & Administration Center, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1716

    The trial court did not abuse its discretion in excluding evidence of the victim's violent acts against third parties in support of the defendant's affirmative defense of justification, as the defen