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  • Nelson v. Georgia Sheriffs Youth Homes Inc.

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Carol V. Clark, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Keilani K. Parker, Assistant Attorney General, Atlanta, and Daniel W. Lee, LaGrange, for appellees.
    Case Number: S09A0609

    The Quiet Title Act, which requires the reporting of findi fact takes precedence of the Civil Practice Act, which authorized trial court's to grant summary judgment without setting forth find

  • Allen v. State

    Publication Date: 2009-11-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: S08G1733

    The defendant's August 2001 convictions could not be used as proof of a prior felony conviction under OCGA § 16-10-52, since neither those convictions, nor their pre-conviction charges, were the fel

  • Klaub v. Battle

    Publication Date: 2009-11-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven E. Phillips, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, for appellee.
    Case Number: S09A0925

    The state did not prove beyond a reasonable doubt at the defendant's trial for first degree vehicular homicide that his failure to stop and render aid to the victim caused the victim's death, becaus

  • Martin v. Martin

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joel E. Dodson, Douglasville, for appellant.
    for defendant: Debra L. H. Scott The Scott Practice LLC, Atlanta, for appellee.
    Case Number: S09A1185

    The trial court was authorized to allow the widow to appoint a corporate fiduciary or other individual to serve as trustee, because it was unforeseen that the named trustees and potential trustees w

  • Pope v. State

    Publication Date: 2009-10-30
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerald P. Word Georgia Capital Defender and Dennis C. Francis Jr., Atlanta, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Dorothy V. Hull, Gregory W. Winters, Assistant District Attorneys, Pamela Y. White-Colbert District Attorney's Office, Macon, Thurbert E. Baker Jr., Attorney General, and Susan V. Boleyn, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1123

    The defendant's indictment did not allege malice murder

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    Authors: Rosemary Alito

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  • Goddard v. City of Albany

    Publication Date: 2009-10-30
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Maurice L. King Jr., Albany, for appellant.
    for defendant: Donald A. Sweat and Kimberly A. Reid Gardner, Willis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: S09A1102

    The appellant had no right to notice and a hearing prior to her termin

  • McMichen v. Hall

    Publication Date: 2009-10-30
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas H. Dunn Georgia Resource Ctr., Robert G. Brazier Baker, Donelson, Bearman, Caldwell & Berkowitz, Bryan M. Cavan Miller & Martin LLP, Atlanta, and Robert L. McGlasson McGlasson & Assocs. PC, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Patricia B. A. Burton, Senior Assistant Attorney General, and Theresa M. Schiefer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1022

    The habeas court failed to specifically address the defendant's claim that the state knowingly presented false testimony from the defendant's former jail

  • Gordon v. Cotton

    Publication Date: 2009-10-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Orin L. Alexis, Thunderbolt, for appellant.
    for defendant: Edward M. Buttimer, Savannah, for appellee.
    Case Number: S09A0707

    In the absence of a complete transcript, the Supreme Court affirmed the denial of plaintiff's motion for new trial concerning the probate court's decision to deny her petition to probate a

  • Cendant Mobility Fin. Corp. v. Asuamah

    Publication Date: 2009-10-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David L. Rusnak Scoggins & Goodman, Atlanta, for appellant.
    for defendant: Ned Blumenthal, John G. Nelson, Weissman, Nowack, Curry & Wilco PC, Raymond S. Martin, Scott H. Michalove Raymond S. Martin PC, and Leon A. Van Gelderen, Atlanta, for appellee.
    Case Number: S08G1958

    The negligent construction exception to caveat emptor exempts from the defense of caveat emptor only a negligence claim by a homeowner seeking recovery against the builder/seller of the home for lat

  • Kidd v. Kidd

    Publication Date: 2009-10-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: George M. Saliba II, Valdosta, for appellant.
    for defendant: Phillip N. Golub, Blackshear, for appellee.
    Case Number: S09F1350

    Given the conflicting evidence, the trial court did not abuse its discretion in granting primary physical custody of the parties' children to the