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  • Brewington v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mawuli M. M. Davis The Davis Bozeman Law Firm PC, Decatur, for Brewington. Katrina L. Breeding, Norcross, for Gary Brown. Lloyd J. Matthews, Jonesboro, for Tyrone Brown. Tracy G. Lawson, District Attorney, Jason B. Green, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1857; S11A0017; S11A0018

    The defendant's right to a speedy trial was not violated, since the reasons for the delay included the actions of his trial counsel and his delay in asserting his right, and he failed to show prejud

  • MCG Health Inc. v. Owners Ins.

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Allgood Enterprise Mill, David E. Hudson and Christopher A. Cosper Hull, Towill, Norman, Barrett & Salley PC, Augusta, for appellant.
    for defendant: Michael C. Kendall Talley, French & Kendall PC, Douglasville, Sam G. Nicholson, Harry D. Revell Nicholson Revell LLP, David B. Bell, Bell & Bell Assocs., John C. Bell Jr. and Pamela S. James Bell & Brigham, Augusta, for appellees. Amicus Appellant: Donna P. Bergson Alston & Bird LLP, Atlanta. Amicus Appellee: John D. Hadden Turkheimer & Hadden LLC, Atlanta, and Jason L. Crawford Daughtery, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: S10G1142

    The statutory and regulatory scheme governing TRICARE does not provide any basis for allowing contracting civilian healthcare providers to collect their treatment costs from a third-party tortfeasor/

  • Glenn v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason W. Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1378

    Evidence, including the victim's DNA in blood found on the defendant's boots, the headboard of the defendant's bed and a napkin recovered from the trunk of his car, supported the defendant's convict

  • Willis II v. Willis

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Clyde Dekle III, Atlanta, for Carl J. Willis II. Kimberly S. Willis, Atlanta, proceeded pro se.
    for defendant:
    Case Number: S10F1357; S10F135

    Since the evidence showed that father had ing drugs during the child's lifetime, the trial court did not abuse its discretion in requiring that he be periodically drug t

  • State v. Hobbs

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gary T. Moss, District Attorney, Wallace W. Rogers, Jr. and J. Clifford Head, Assistant District Attorneys, Canton, for appellant.
    for defendant: Thomas J. Bowers III and Donald R. Roch II Bowers and Roch LLP, Canton, for appellee. Other party representation: James C. Bonner Jr. Georgia Public Defender Standards Council, Carl P. Greenberg Georgia Capital Defender, Atlanta, Laura D. Hogue Hogue & Hogue, Macon, and William A. Bonner III, Miami, Fla.
    Case Number: S09G2078

    Jury charge failed to explain the role that the evidence would play in the jury's delibera

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Auito v. Auito

    Publication Date: 2011-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Phillip Beggs Moore, Ingram, Johnson & Steele, Marietta, for appellant.
    for defendant: Douglas A. Hill, Marietta, for appellee.
    Case Number: S10A1775

    The self-proving affidavit, which the propounder produced was legally sufficient, on the basis that it was substantially similar in form to the example set out in O.C.G.A. § 53-4

  • Brown v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John W. Donnelly, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1280

    The trial court erred in imposing consecutive 10-year sentence for each the defendant's evidence tampering convictions, because the evidence showed that the defendant only tampered with the evidence

  • Judicial Council of Ga. v. Brown & Gallo LLC

    Publication Date: 2010-12-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, and Stefan E. Ritter, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: . L. Lin Wood, Jr. Bryan Cave LLP, Stacey G. Evans Powell, Goldstein, Frazer & Murphy LLP, Lawrence A. Slovensky, David Balser, Tracy L. Klinger McKenna, Long & Aldridge LLP, Christina M. Baugh and Henry D. Fellows Jr. Fellows LaBriola LLP, Atlanta, for appellees. Amicus Appellant: Norman S. Fletcher Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome.
    Case Number: S10G0359

    The Administrative Procedure Act exempts the Board of Court Reporting of the Judicial Council of Georgia and the Judicial Council of Georgia from its waiver of sovereign immunity because they are a

  • State v. Hobbs

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gary T. Moss, District Attorney, Wallace W. Rogers, Jr. and J. Clifford Head, Assistant District Attorneys, Canton, for appellant.
    for defendant: Thomas J. Bowers III and Donald R. Roch II Bowers and Roch LLP, Canton, for appellee. Other party representation: James C. Bonner Jr. Georgia Public Defender Standards Council, Carl P. Greenberg Georgia Capital Defender, Atlanta, Laura D. Hogue Hogue & Hogue, Macon, and William A. Bonner III, Miami, Fla.
    Case Number: S09G2078

    Jury charge failed to explain the role that the evidence would play in the jury's delibera

  • Jackson v. State

    Publication Date: 2010-11-19
    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, Kimberly A. Gallant, Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1325

    Defense counsel's failure to object to the charge on prior inconsistent statements was not prejudicial in light of the overwhelming evidence of the defendant's