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  • Upton v. Hardeman

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Victor Hardeman, Jackson, proceeded pro se.
    Case Number: S12A0854

    The habeas court erred in ruling that the state did not prove the asportation element of the defendant's kidnapping with bodily injury convi

  • Stoddard v. Meyer

    Publication Date: 2012-10-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William M. Waters and Billy J. Waters Ballard Stephenson & Waters PC, Covington, for appellant.
    for defendant: Marcy A. Hanks Foster & Hanks LLC, Monroe, for appellee.
    Case Number: S12A1131

    The parties' equal parenting arrangement, which they adopted after their divorce, and which significantly differed from the terms of their divorce decree, constituted a substantial change in the chi

  • Leverette v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0906

    The trial court did not abuse its discretion in denying the defendant's motion for an out-of-time appeal because the assertions of error that could be decided on the basis of the existing record wer

  • Grell v. State

    Publication Date: 2012-10-05
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Jon W. Setzer, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1177

    The Supreme Court vacated one of the defendant's two aggr assault convictions, as he fired the two gunshots at issue without a deliberate interval and thus they did not constitute separate agg

  • Young v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Phillips Phillips & Sellers LLP, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine R. Thrower, Assistant Attorney General, Atlanta, and David R. Helmick Waldrep, Mullin, & Callahan, Columbus, for appellee.
    Case Number: S12A1403

    The Supreme Court vacated the defendant's separate convi and sentence for burglary because it served as the predicate offense for his felony murder convi

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Platt v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Wadkins, Stephen A. Craft, and Victoria L. Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Michael E. Craig, Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1442

    The Supreme Court affirmed the defendant's convictions arising from the shooting death of his pregnant wife, as the evidence supported a finding of implied m

  • Green v. State

    Publication Date: 2012-09-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0762

    The defendant entered his guilty plea to malice murder knowingly and voluntarily, after waiving his constitutional r

  • Burns v. State

    Publication Date: 2012-09-14
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0944

    The defendant was informed of his right against self-incrimination when he was informed of his right to remain silent during the plea col

  • State of Georgia v. Singh

    Publication Date: 2012-09-14
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S12A0852; S12X0973

    Patel v. State, which had nearly identical facts, and which decided that ' "in a RICO action, a trial court may properly exercise its discretion to appoint a receiver and enjoin the parties who woul

  • Terry v. State

    Publication Date: 2012-09-14
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James C. Bonner Jr. and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0788

    Russell v. State, overruled, to the extent that it can be read as holding that a trial court must instruct a jury that it is precluded from finding a defendant guilty of felony murder, if it finds t