• Nash v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0760

    Evidence that the defendant fatally shot the unarmed victim after a verbal argument in the busy parking lot of a local eatery in front of several eyewitnesses supported his murder convi

  • Sanders v. Holder

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and David J. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.

    Case Number: S09A0847

    The defendant's guilty plea, which was used to enhance a subsequent federal sentence, was not voluntarily, knowingly and intelligently en

  • Merriweather v. Chatman

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0930

    The defendant did not knowingly and intelligently waive his right to appellate co

  • Sanchez v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Koontz, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Reuben M. Green, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S09A0747

    The defendant repeatedly ran over one victim with his truck, killing him, and he struck another victim with the truck breaking his

  • Atlanta Bread Co. Int'l Inc. v. Lupton-Smith

    Publication Date: 2009-07-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David M. Monde, Lucas W. Andrews Jones Day, Atlanta, and Douglas R. Cole, Columbus, Ohio, for appellant.
    for defendant: R. Randy Edwards, Scott A. Cochran Cochran & Edwards LLC, Smyrna, for appellees. Amicus appellant: William K. Whitner, Noelle Aagueux-Alvarez and John G. Parker Paul, Hastings, Janofsky & Walker LLP, Atlanta.

    Case Number: S08G1815

    A restrictive covenant in a franchise agreement was unreasonable as a matter of law, because it contained shifting and expanding territorial restric

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  • Expedia Inc. v. City of Columbus

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jerry A. Buchanan, Benjamin A. Land Buchanan & Land LLP, Columbus, Edward K. Smith and Robin A. Schmahl Jones Day, Atlanta, for appellant.
    for defendant: William U. Norwood III, Michael L. McGlamry, Neal K. Pope, Pope, McGlamry, Kilpatrick & Morrison, Robert M. Travis, John R. Bielema Jr. Bryan Cave Powell Goldstein LLP, Atlanta, Charles N. Pope, Wade H. Tomlinson III and Paul Kilpatrick Jr. Pope, McGlamry, Kilpatrick & Morrison, Columbus, for appellee.

    Case Number: S09A0567

    The trial court did not err in basing hotel occupancy taxes, which an on-line travel company owes to the city of Columbus, on the hotel rate it charges to its customers, rather than the lower wholes

  • Retention Alternatives Ltd. v. Hayward

    Publication Date: 2009-06-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael J. Goldman and Assunta S. Fiorini Hawkins & Parnell LLP, Atlanta, for appellant.
    for defendant: John M. Foy Foy & Assocs. PC, and Ben C. Brodhead III, Atlanta, for appellee.

    Case Number: S08G1451

    The plaintiff followed the letter of O.C.G.A. § 33-7-11 d by serving her UM carrier ' "as though the insurance company were actually named as a party defendant" ' in her renewal suit, even though sh

  • White House Inn & Suites v. City of Warm Springs

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas F. Gristina, William L. Tucker and Travis C. Hargrove Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellant.
    for defendant: Jeffrey M. Todd Lewis, Taylor & Todd PC, LaGrange, Joel P. Day and Bradford C. Dodds Funderburk, Day & Lane, Columbus, for appellees.

    Case Number: S09A0241

    A contemporaneous and unambiguous utilities easement did not burden property granted in fee s

  • Phillips v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, John S. Melvin, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S08A1500

    The defendant took the victim's wallet at gunpoint and then fired several shots into the victim's vehicle, killin

  • Federal Home Loan Mortgage Corp. v. City of Atlanta

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dylan W. Howard and Linda S. Finley Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Atlanta, for appellant.
    for defendant: Laura Sauriol, Mavis T. Stewart, Elizabeth B. Chandler, Renee M. Shepherd and Lemuel H. Ward City of Atlanta Law Dept., Atlanta, for appellee.

    Case Number: S08Q1846

    O.C.G.A. § 36-60-17 a preempts that portion of the city's ordinance, which authorizes the city to discontinue water service to single-family residences until payment is made for unpaid water charges