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  • Skaliy v. Metts

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Troy A. Lanier Tucker, Everitt, Long, Brewton & Lanier, Augusta, and Gary J. Toman Nations Toman & McKnight LLP, Atlanta, for appellant. Ziva P. Bruckner Capers, Dunbar, Sanders & Bruckner, Barry A. Fleming and Frank A. Nelson Fulcher Hagler LLP, Augusta, for appellees.
    for defendant:
    Case Number: S10A0881

    Since the non-resident defendant was not a resident of the county where the suit was filed and the appellee did not seek equitable relief common to both the resident and non-resident defendants, the

  • Huckabee v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0239

    Any error in the qualification of prospective s 45 and 80 was harmless as a matter of law, since it presently takes a qualified panel of 30 nine defense strikes, plus nine state strikes, plus 1

  • Brogdon v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Healan III Healan Law Offices, Winder, and David E. Clark Clark & Towne PC, Lawrenceville, for appellee. Rosanna M. Szabo, Karen M. Seeley and Gary S. Vey, Assistant Solicitors General, Lawrenceville, for appellee.
    for defendant:
    Case Number: S09G2058

    The medical records in this case were neither the defendant's personal property, nor seized from his possession, thus, they did not constitute private papers that would be exempt from coverage of a

  • Grammens v. Dollar

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Matthew G. Moffett, Wayne S. Melnick Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, Phillip L. Hartley and Martha M. Pearson Harben & Hartley LLP, Gainesville, for appellant.
    for defendant: James D. Blitch IV Holland, Schaefer, Roddenbery & Blitch LLP, Atlanta, for appellee. Amicus appellant: Ronald R. Womack and Steven M. Rodham Womack, Gottlieb & Rodham PC, LaFayette.
    Case Number: S09G0510

    The defendant fell under the umbrella of official immunity, since whether the teacher should have enforced the school's eye-protection policy during an eighth-grade science experiment, was discreti

  • Huckabee v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0239

    Any error in the qualification of prospective s 45 and 80 was harmless as a matter of law, since it presently takes a qualified panel of 30 nine defense strikes, plus nine state strikes, plus 1

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    Bucks County Court Rules 2023

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  • Williams v. Moody

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellant. J. Scott Key, McDonough, Sarah L. Gerwig-Moore and Dustin B. Weeks Mercer Law School, Macon, for appellee. Amicus appellant: Howard Z. Simms, District Attorney, Macon, and Gary D. Bergman Prosecuting Atty's Council of Ga., Atlanta.
    for defendant:
    Case Number: S10A0103

    The case was remanded for the habeas court to make an analysis as to whether appellate counsel's decision not to raise an ineffectiveness of counsel claim was an unreasonable one, which only an inco

  • White v. State

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0580

    The evidence supported the defendant's conviction for concealing a death, since he hindered discovery of the facts that the victim was dead from an unlawful homicide when he removed her body from th

  • Opensided MRI of Atlanta LLC v. Chandler

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brynda R. Insley and Aynsley M. Harrow Insley & Race LLC, Atlanta, for appellant.
    for defendant: . Barry L. Zimmerman Zimmerman & Assocs., Norcross, for appellees.
    Case Number: S09G1945

    O.C.G.A. § 9-11-9.1 requires filing of a motion to dismiss contemporaneously with the first responsive pleading to foreclose renewal of a suit under O.C.G.A. § 9

  • Stovall v. State

    Publication Date: 2010-07-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Tracie H. Cason, Deputy Chief Assistant District Attorney, Lawrenceville, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0208

    The defendant could only be convicted once for possessing a firearm during the commission of a crime under Marlowe v. State, 277 Ga. 383 2c 2003, since the incident at issue involved one continuous

  • Walker v. Cromartie

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joel D. Walker and Patricia A. Walker, Carrollton, proceeded pro se. Kim M. Jackson Hawkins & Parnell LLP, Atlanta, for appellees.
    for defendant:
    Case Number: S10A0518

    O.C.G.A. § 9-11-9.1-requiring an expert affidavit for a professional negligence claim-is not unconstitutional as applied to indigent liti