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  • Cox v. Howerton

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1411

    The trial court properly concluded that the defendant failed to establish that she was prejudiced by trial counsel's deficient performance in affirmatively misrepresenting the defendant's eligibilit

  • Giles v. Swimmer

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tom W. Daniel Daniel, Lawson, Tuggle & Jerles LLP, Hiawassee, for appellant.
    for defendant: . Richard W. Calhoun Brock, Clay, Calhoun & Rogers LLC, Marietta, Harold D. Ehrman, Tucker, Constance M. Ewing and Nancy H. Baughan Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellees.
    Case Number: S11A1371

    No basis for including the bank in the quiet title action remained after the trial court struck the bank's affidavit and termination from the county's deed re

  • Foster v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael H. Saul, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, Deputy Chief Assistant District Attorney, John R. Edwards, Amelia G. Pray, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1910

    Judicial comments ' "limited to a clarification of procedures and which do not address the credibility of witnesses or any fact at issue in the trial" ' do not violate O.C.G.A. § 17-8-57's prohibiti

  • Davis v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bernadette C. Crucilla Crucilla Law Firm, Macon, for appellant.
    for defendant: Gregory W. Winters, District Attorney, Sandra G. Matson, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1883

    The defendant stabbed the victim to death following an altercation at a 2008 Thanksgiving d

  • Alvelo v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Julayaun M. Waters, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1979

    The defendant's conviction for the aggravated assault of one of his roommates merged into his conviction for the roommate's murder, as the pathologist testified that the victim died from multiple sh

  • Law Journal Press | Digital Book

    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Robbins d/b/a Supermarket Specialty Products v. Supermarket Equip. Sales LLC

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1435; S11A1583

    The trial court undermined the exclusivity of the Georgia Trade Secrets Act GTSA by providing the appellee the same relief based on the same conduct under O.C.G.A. § 9-5-1 after finding that the mis

  • Gibson v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1972

    The defendant only raise his ineffective assistance of counsel claim in a habeas action because it would require a post-plea evidentiary he

  • Smith v. State

    Publication Date: 2012-01-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1934; S11A1935

    The evidence supported the first defendant's conviction for the malice murder of her 30-month-old dau

  • Johnson v. Johnson

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen J. Berk Berk & Moss PC, Decatur, for appellant.
    for defendant: Jean M. Kutner, Atlanta, for appellee.
    Case Number: S11F1856

    A provision concerning the termination of the father's supervised visitation constituted an invalid self-executing change of visitation that the trial court should not have included in the final jud

  • Cameron v. State

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1516

    The defendant untimely filed his motion in arrest of judgment several terms after the term of court in which he was convicted of murder and related ch