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  • Stevens v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Phillip R. Peacock, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A2076

    The trial court did not err in failing to suppress defendant's statements from his Nov. 7, 2007 interview with police, because authorities read him his Miranda Rights, he confirmed his understanding

  • Hamilton v. State

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Demone R. Hamilton, Oglethorpe, proceeded pro se. Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S09A1757

    The defendant's convictions for malice murder and kidnapping did not merge as a matter of

  • Adams v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David Walker, Swainsboro, for appellant.
    for defendant: William Askew, District Attorney, Samuel Altman District Attorney's Office, Swainsboro, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1998

    Absent a showing of prejudice, there is no reversible error, if the trial court gives the petit jury oath after the opening of evidence, but prior to the jury's delibera

  • Broda v. Dziwura

    Publication Date: 2010-02-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael Goldberg Fried, Rogers & Goldberg LLC, Atlanta, and Mathew Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta, for appellant.
    for defendant: William Anderson and Mary Priest Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: S09G1218

    The defendant was not entitled to a set-off based on another parties' settlement with the plaintiff, because the jury found the defendant solely responsible for the plaintiff's i

  • Lucky v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Mack Mack & Harris PC, Stockbridge, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Anece B. White, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1527

    The trial court should have sentenced the defendant for malice murder, not felony murder in connection with the same victim's

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    Harris County Bench Book 2025

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  • Armstrong v. State

    Publication Date: 2010-02-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, and Brad Gardner, Rex, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1697

    The state proved venue in DeKalb county through eyewitness testimony and the investigating detectives testimony as to where the fatal shooting took

  • Ball v. State

    Publication Date: 2010-02-05
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Antwann P. Ball, Sparta, proceeded pro se. Tommy K. Floyd, District Attorney, Blair D. Mahaffey, Assistant District Attorney, McDonough, Thurbert E. Baker, Attorney General and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S09A1469

    A petition to vacate a judgment of conviction is not an appropriate remedy in a criminal

  • Allen v. State

    Publication Date: 2010-02-05
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Emory B. Bazemore, Tybee Island, and Richard M. Darden, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1800

    Confinement, as it relates to the 10-year limitation period for impeaching a witness with a prior felony conviction, does not include that portion of a sentence served while on probation or p

  • Rogers v. State

    Publication Date: 2010-02-05
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Corinne M. Mull, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Harold Buckler, Assistant District Attorney, Decatur, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1631

    The 12-month, 10-day delay between defendant's indictment on murder charges and filing of his motion to dismiss was not presumptively prejud

  • Hall v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cynthia A. Price, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1468

    The defendant's convictions for aggravated assault and malice murder did not merge, because separate conduct established each