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Publication Date: 2010-07-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Michael Davis, Morgan, proceeded pro se. Julia A. F. Slater, District Attorney, Lew S. Barrow, Jarrell H. P. Schley, Assistant District Attorneys, Columbus, Thurbert E. Baker, Attorney General, Atlanta, for appellee.
for defendant:
Case Number: S10A0154
Matters litigated in a habeas proceeding are collaterally estopped from being re-litigated else
Publication Date: 2010-06-11
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Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
for defendant: James B. Smith, District Attorney, Jefferson, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0599
The defendant fatally shot her unarmed husband in the
Publication Date: 2010-06-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Mitchell D. Durham, Marietta, and Benjamin B. Reed, Canton, for appellant.
for defendant: Fred A. Lane Jr., District Attorney, Anthony Volkodav Jr., Assistant District Attorney, Dallas, Thurbert E. Baker, Attorney General, and Lyndsey J. Hurst, Assistant Attorney General, Atlanta, for appellee. Other party representation: Brian Kammer Georgia Resource Ctr. and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
Case Number: S10P0477
The defendant's death sentences were not excessive per se or substantially out of line, even though the defendant's adult brother, who was also present during the murders, received a sentence less t
Publication Date: 2010-05-28
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Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Timothy D. Roberts Oliver, Maner & Gray, Savannah, for appellant.
for defendant: . J. Hamrick Gnann Jr. Gannam, Gnann & Steinmetz LLP, Savannah, for appellee.
Case Number: S10A0267
The probate court did not err in denying the caveators' demands for jury trial as untimely, because they did not file their demands until more than 30 days after filing their first ple
Publication Date: 2010-05-28
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Thomas J. Campbell, District Attorney, Cartersville, Stewart D. Bratcher, Calhoun, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
Case Number: S10A0462
Eyewitness evidence that the defendant was the man, who fatally shot his former girlfriend's new boyfriend, supported his convictions for murder and related c
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Publication Date: 2010-04-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Joseph C. Sharp, Angela S. Blackwell, Dax E. Lopez, Justin M. Scott, Megan A. Kelly, William B. Hill Jr. and Yonette M. Sam-Buchanan Ashe, Rafuse & Hill, Atlanta, for appellant.
for defendant: C. King Askew, Mark M. J. Webb Brinson, Askew, Berry & Seigler, William F. Sparks, Rome, Michael D. St. Amand, Sarah B. Hoffman Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, for appellees.
Case Number: S10Q0041
The evidence showed that a confidential relationship existed between the decedent and the defendant and that the defendant and his wife, while in a state of personal crisis, trusted the defendant, t
Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Earnest H. Delong Jr. Delong, Caldwell & Bridges LLC, Atlanta, for appellee. Richard W. Schiffman Jr. and Rebecca L. Crumrine Davis, Matthews & Quigley PC, Atlanta, for appellee.
for defendant:
Case Number: S09F1718
The trial court erred in relying on Virginia cases interpreting a Virginia statute to determine that stock options awarded to the wife prior to the couple's mar but which vested during the ma
Publication Date: 2010-04-02
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jon F. Helton Hilbun & Helton PC and Joshua E. Kight Kight & Harper, Dublin, for appellant.
for defendant: . James G. Maddox, Jeffersonville, Robert R. Maddox, Atlanta, and David B. O'Dell Burr & Forman LLP, Birmingham, Ala., for appellees.
Case Number: S09A1669
The decedent's second wife was not a bona fide purchaser for value, because the evidence showed that the quitclaim conveyance to her from the decedent was not for valuable consider
Publication Date: 2010-03-26
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
for defendant: Brian Steel The Steel Law Firm PC, Atlanta, for appellee.
Case Number: S09G1015
A weapon, which reasonably appears deadly to the victim, is a deadly weapon per se as a matter o
Publication Date: 2010-03-26
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Ray C. Smith, Richmond Hill, for appellant.
for defendant: John T. Durden Jr., District Attorney, Melissa L. Poole, Russell B. Mabrey Jr., Henry P. Smith, Assistant District Attorneys, Hinesville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
Case Number: S09A1847
The trial court did not abuse its discretion in admitting pre-autopsy photos of the murder victims to show the nature and extent of the wounds infl
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