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  • Wiggins v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mark A. Yurachek Yurachek & Assocs. LLC, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, Rome, for appellee.
    Case Number: S10A0813

    Hollie v. State, 287 Ga. 389 2010, adversely decided the defendant's contention that the special c on of probation requiring that he register as a sex offender is illegal on the basis that the

  • Brown v. State

    Publication Date: 2010-11-19
    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

  • Tanner v. Morris

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Patrick S. Ferris, Douglas, for appellant.
    for defendant: Thomas E. Pujadas Walters, Pujadas & Walker PC, Ocilla, for appellee.
    Case Number: S10A1227

    The trial court erred in holding x-husband in contempt for relying on the self-executing child support provision in the parties' final divorce decree to reduce his support obligation when he ha

  • Glass Sys. Inc. v. Georgia Power Co.

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Christopher E. Penna Penna & Mendicino PC, Conyers, and J. Ben Shapiro Jr. Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellant.
    for defendant: Scott A. Farrow and John G. Rigney Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: S10A0801

    O.C.G.A. § 46-3-40 satisfies substantive due process because the threat of an indemnity action against an employer for failing to provide notice to power companies about its activities near power li

  • Galvin v. Galvin

    Publication Date: 2010-11-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas R. Galvin, Canton, proceeded pro se. Jennifer S. Gill and Roger M. Johnson Bray & Johnson, Canton, for appellee.
    for defendant:
    Case Number: S10A1104

    The trial court did not err in failing to make its downward modification of support retroactive to the date the father sought the modification because he only sought a downward modification i

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Gasses v. City of Riverdale

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Ronald J. Freeman Johnson & Freeman LLC, Union City, Deana L. Simon-Johnson and Joseph R. Buller III Insley & Race LLC, Atlanta, for appellees.
    Case Number: S10A1113

    A municipal ordinance requiring a citizen to maintain grass, weeds and vegetation for the community's welfare did not constitute constitutionally prohibited involuntary serv

  • Cooper v. State

    Publication Date: 2010-10-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sheueli C. Wang Georgia public Defender Standards Council, Atlanta, for appellant.
    for defendant: James B. Smith, District Attorney, Jefferson, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1053

    The defendant's conviction for evidence tampering with regard to a gun could not stand, since the state did not present any evidence showing what, if anything, the defendant did with the gun, such a

  • State v. Green

    Publication Date: 2010-10-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard, District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellant. Theodore Johnson Johnson & Associates, Atlanta, for appellee.
    for defendant:
    Case Number: S10A0639

    The trial court did not use the proper legal standard when it failed to determine whether the defendant was justified in using force, because he reasonably believed that such force was necessary to

  • Guzman v. State

    Publication Date: 2010-10-01
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Dawn M. Belisle-Skinner, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0739

    The state offered race-neutral reasons for its peremptory strikes, including a venire member's prior negative experience with law enforcement and another member's prior convi

  • Demery v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Nicholas G. Dumich, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Benjamin M. First, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1189

    Battered person syndrome is not a separate defense, but is ' "an evidentiary component of the defense of justificati