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  • The Scarbrough Group v. Worley

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David H. Flint, Mark W. Forsling Schreeder, Wheeler & Flint LLP, Mark H. Cohen, Robert P. Williams II Troutman Sanders LLP, Seth G. Weissman Weissman, Nowack, Curry & Wilco PC, Melissa J. Perignat, and Joseph S. Jacobson Holt Ney Zatcoff & Wasserman LLP, Atlanta, for appellants. Theodore P. Meeker III Sumner Meeker LLC, Newnan, Richard N. Hubert Chamberlain Hrdlicka White Williams Martin and David J. Worley Page Perry LLC, Atlanta, for appellee. Amicus Appellants: Shannon L. Goessling Southeastern Legal Foundation, Marietta, Sarah H. Murphy, Fayetteville, Travis C. Hargrove Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, Rusi C. Patel, Susan J. Moore Georgia Municipal Ass'n, and Raymond R. Christman Livable Communities Coalition, Atlanta.
    for defendant:
    Case Number: S10G1882; S10G1892

    The plaintiff's claim that the city's 2007 annexation of three parcels of land was illegal because it created an unincorporated island within the city in violation of O.C.G.A. § 36-36-4 was rendered

  • Ford a/k/a Beebe1 v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: S11A0909

    The trial court did not abuse its discretion in overruling the defendant's objections to certain testimony on re-direct, as defense counsel impeached the witness on cross-examination, the state was

  • Powell v. State

    Publication Date: 2011-10-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant. Julia A. F. Slater, District Attorney, Crawford L. Seals, Kim B. Hoffman, Assistant District Attorneys, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1842

    The evidence did not support the defendant's conviction for aggravated battery, because no evidence showed that the victim was alive when the defendant poured muriatic acid on her face and

  • Tatis v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: L. David Wolfe and Joshua L. Brownlee Law Offices of L. David Wolfe PC, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1540

    The defendant was in confinement during his hospital stay, where he was handcuffed to hospital beds and guarded by sheriff's deputies for purposes of his motion for bond filed pursuant to O.C.G.A. §

  • DeLeon v. State

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jennifer A. Trieshmann, Atlanta, for appellant. James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, Winder, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0939

    The Court vacated the defendant's 5-year probated sentence for felony tampering with evidence, as his act of throwing the murder weapon away constituted tampering with evidence in his own case and n

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    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Pollman v. Swan

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tony Center, Savannah, for appellants. Benjamin M. Perkins, Patrick T. O'Connor Oliver, Manner LLP, Savannah, and William A. Trotter, III Trotter Jones LLP, Augusta, for appellees.
    for defendant:
    Case Number: S10G1989

    The common-law requirement of justifiable reliance in fraud is not a requirement of the federal mail fraud e, and the Georgia RICO Act defines racketeering activity by referring to the federal

  • Glass v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Raina J. Nadler, Roswell, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1031

    Eyewitnesses identified the defendant as the man who fatally shot one victim as she stood on the front porch of a friend's

  • Highsmith v. Highsmith

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Terry L. Readdick Brown, Readdick, Bumgartner, Carter, Strickland & Watkins LLP, Brunswick, for appellee.
    Case Number: S11F1052

    The trial court erred in finding that the wife's premarital trade account was marital property subject to equitable div

  • Collins v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0759

    Although the prosecutor's question to t endant on cross-examination as to why he did not turn himself in to police earlier was improper, reversal was not warranted because the evidence against

  • Rafi v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elizabeth V. Rogan, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Arthur C. Walton, 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: S11A1114

    The state did not violate the defendant's constitutional right to a speedy trial, despite the presumptively prejudicial 9-year delay between his arrest and trial, because the delay was primarily due