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  • Dunn v. State

    Publication Date: 2013-01-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christa L. Kirk, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1999

    The trial court properly admitted evidence of the defendant's prior conviction for aggravated assault and aggravated battery of the victim, which resulted from an incident that took place two weeks

  • Kidd v. State

    Publication Date: 2013-01-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1521

    The trial court did not abuse its discretion in allowing the State to introduce on re-direct the prior consistent statements of two witnesses whose veracity was challenged on cross-examin

  • Stevens v. State; Lee v. State

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A1795; S12A1796

    The Supreme Court dismissed the defendants' appeals for failure to follow interlocutory proce

  • Ertter v. Dunbar

    Publication Date: 2012-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, Ronne G. Kaplan, and Jean M. Kutner, Atlanta, for appellant.
    for defendant: . Bruce W. Phillips, Marietta, for appellee.
    Case Number: S12G0452

    A juvenile court's authority to place a child in the custody of a willing and qualified relative is not the same as authority to award permanent custody of the child, as a permanent custody award is

  • Everett v. Norfolk S. Ry. Co.

    Publication Date: 2012-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael J. Warshauer, Lyle G. Warshauer, and Douglas C. Dumont Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: Laura S. Morris, William C. Thompson Weissman, Nowack, Curry & Wilco PC, Atlanta, Ralph G. Wellington, and Nancy Winkelman Schnader Harrison Segal & Lewis LLP, Philadelphia, Pa., for appellee.
    Case Number: S12G0729

    The Court found that no underlying factual conflict existed for the jury to resolve regarding the trial court's legal decision that a train engineer was within the zone of danger of a train derailme

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    Authors: T. BART GARY, JAKE CARROLL

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  • Poole v. State

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Joe W. Hendricks Jr., District Attorney, Ellijay, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0662

    The trial court was not required to make further inquiry of a juror the defendant challenged for cause after the defense indicated that it had no further ques

  • A Fast Sign Co. Inc. v. American Home Svcs. Inc.

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ned Blumenthal Weissman Nowack Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, and Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Otto F. Feil III and Celeste McCollough Taylor Feil Harper Lumsden & Hess PC, Atlanta, for appellee.
    Case Number: S11G1708

    The trial court properly based liability and damages, in a class action suit regarding unsolicited fax advertisements, on the number of such advertisements sent rather than the number rec

  • Jarvis v. Jarvis

    Publication Date: 2012-11-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Nathanael A. Horsley, Dawsonville, for appellant.
    for defendant: Jonathan J. Tuggle and Andrea B. Seliski Boyd Collar Nolen & Tuggle LLC, Atlanta, for appellee.
    Case Number: S12F0889

    The trial court did not abuse its discretion in considering evidence that the husband received financial support from his mother in awarding the wife $125,477.48 in attorneys'

  • Rice v. State

    Publication Date: 2012-10-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Marietta, and Edwin J. Wilson, Snellville, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Anna G. Cross, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Mary Beth Westmoreland, Deputy Attorneys General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellee. Other party representation: Brian Kammer Georgia Resource Center, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S12P1309

    The evidence supported the defendant's convictions and death sentences arising from the murders of his former employer's wife and 14-year-ol

  • GFI Mgmt. Servs. Inc. v. Medina

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Christian J. Lang and David C. Marshall Hawkins Parnell Thackston & Young LLP, Atlanta, for appellant.
    for defendant: Andrew T. Rogers and Gilbert H. Deitch Deitch & Rogers LLC, Atlanta, for appellee. Amicus Appellee: Charles M. Cork III, Macon. Neutral Amicus: Edward D. Tolley Cook, Noell, Tolley & Bates LLP, Thomas A. Eaton, and Michael L. Wells University of Georgia School of Law, Athens.
    Case Number: S12A1228

    A jury is allowed to apportion damages among a property owner and a criminal assailant, and jury charges or a special verdict form requiring such apportionment does not violate a plaintiff's constit