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  • Chatham Cnty. v. Massey

    Publication Date: 2016-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: R. Jonathan Hart, County Attorney, and Jennifer R. Burns County Attorney's Office, Savannah, for appellant.
    for defendant: . Steven E. Scheer and Craig A. Call Scheer Montgomery Call PC, Savannah, for appellee.
    Case Number: S16A0682

    The trial court properly ruled on a superior court clerk's writ of mandamus that the court clerk was entitled to cost-of-living adjustments to his salary as provided by general statute and special l

  • Bickerstaff v. SunTrust Bank

    Publication Date: 2016-07-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason J. Carter, Steven J. Rosenwasser, Michael B. Terry, Joshua F. Thorpe Bondurant, Mixson Elmore LLP, James B. Finley The Finley Firm PC, Atlanta, and C. Ronald Ellington, Athens, for appellant.
    for defendant: Amicus Appellant: Roy M. Sobelson GSU College of Law, Atlanta, Roy E. Barnes, and John F. Salter Jr. The Barnes Law Group LLC, Marietta. William N. Withrow Jr., Jaime L. Theriot, and Lindsey B. Mann Troutman Sanders LLP, Atlanta, for appellee. Amicus Appellee: William V. Custer IV, Jennifer B. Dempsey Bryan Cave LLP, William J. Sheppard James Bates Brannon Groover LLP, Atlanta, Hardy Gregory Jr., Carley, Gregory Gregory, Cordele, and George H. Carley Carley, Gregory Gregory, Decatur.
    Case Number: S15G1295

    The Court of Appeals erred in affirming the denial of the plaintiff's motion for certification of a class based on lack of numerosity in his proposed class action lawsuit alleging that a bank charge

  • Williams v. State

    Publication Date: 2016-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, Woodbine, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Hugh D. Ridgway III District Attorney's Office, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew Blackwell, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0511

    The evidence supported the defendant's convictions for felony murder and related crimes stemming from the death of his 7-month-old dau

  • Shelton v. Lee

    Publication Date: 2016-07-14
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, and Stuart E. Walker Martin Snow LLP, Macon, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0106

    The jury instruction, which closely tracked language found in O.C.G.A. § 17-2-2 subsection c, that where it cannot be readily determined in which county the cause of death was inflicted

  • In the Interest of B. R. F.

    Publication Date: 2016-07-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis R. Dunn, Deputy Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Mark J. Cicero, Assistant Attorneys General, and Britt C. Grant Attorney General's Office, Atlanta, for appellant.
    for defendant: Amicus Appellant: Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holmen Georgia Legal Services Program, Atlanta, and Marcy A. Muller Georgia Legal Services Program, Dalton. Thomas C. Rawlings McMillan Rawlings LLP, Sandersville, for appellee. Other party representation: Todd A. Harding Maddox Harding LLC, Griffin, Roger C. Montgomery, Talbotton, and Charles B. O'Neill Jr., Zebulon. Amicus Curiae: Nathan A. Hayes Office of the Child Attorney, Suparna M. Joshi Atlanta's John Marshall Law School, Atlanta, and Jane G. Okrasinski, Athens.
    Case Number: S15G1301

    The Court of Appeals erred in finding that an appellate court has the authority to excuse the untimely filing of a discretionary application in a civil parental termination

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Myers v. State

    Publication Date: 2016-07-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Debra K. Jefferson, Lawrenceville, for appellant.
    for defendant: Brian V. Patterson, Chief Assistant District Attorney, Anthony Volkodav Jr., Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Aimee F. Sobhani, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0377

    The evidence was sufficient to support the defendant's convictions for felony murder and related crimes in connection with a series of burglaries over a 2-week p

  • Frost v. Frost

    Publication Date: 2016-06-27
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ronald S. Iddins, Columbus, for appellant.
    for defendant: Gary A. Abell Abell Law Firm LLC, Columbus, for appellee.
    Case Number: S16F0446

    The trial court erred in awarding a portion of husband's military retirement pay as alimony, subj termination upon wife's death or remarriage, as opposed to treating it as a marital asset sub

  • Zilke v. State

    Publication Date: 2016-06-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David R. Willingham Willingham Law Firm PC, Steven A. Cook, and Bimal Chopra Jr., Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Deborah M. Tatum, and Mimi A. Scaljon, Assistant Solicitors General, Marietta, for appellee.
    Case Number: S15G1820

    The Supreme Court reversed the Court of Appeals' decision in a matter of first impression and found that a campus police officer had no authority to effect a custodial arrest of the defendant outsid

  • Marchman v. State

    Publication Date: 2016-06-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for Marchman. Edwin J. Wilson, Snellville, for Arnold. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for State.
    for defendant:
    Case Number: S16A0027; S16A0028

    The evidence was sufficient to exclude every reasonable hypothesis save that of guilt and to warrant the defendants' convictions, either as a perpetrator who directly committed the crimes or as a p

  • Coursey v. Coursey

    Publication Date: 2016-06-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael E. Manely and Dina R. Khismatulina The Manely Firm PC, Marietta, for appellant.
    for defendant: Elizabeth V. Rogan, Atlanta, and Susan M. Brown SMBLAW PC, Newnan, for appellee.
    Case Number: S16A0263

    The trial court did not determining that the pension payments the husband was obligated to pay his ex-wife pursuant to the terms of their divorce constituted marital property, and it did not