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  • State v. Alvarez

    Publication Date: 2016-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Joshua D. Morrison, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Eric J. Taylor Public Defender's Office, Atlanta, for appellee.
    Case Number: S16A0397

    The trial court properly found that the defendant was entitled to a new trial as a result of plain error in the trial court's failure to instruct the jury that the State had the burden of proving b

  • Georgia Dep't of Labor v. RTT Assocs. Inc.

    Publication Date: 2016-05-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, William W. Banks Jr., Senior Assistant Attorney General, Julie A. Jacobs, Assistant Attorney General, and Brittany H. Bolton Attorney General's Office, Atlanta, for appellant.
    for defendant: Christopher S. Anulewicz Balch Bingham LLP, Atlanta, for appellee.
    Case Number: S15G1780

    Sovereign immunity barred the plaintiff's breach of contract action against a state agency, because the written contract between the parties had expired, the alleged amendment extending the contract

  • Thornton v. State

    Publication Date: 2016-03-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sophia C. Butler Public Defender's Office, Jesup, for appellant.
    for defendant: Jacquelyn L. Johnson, District Attorney, Woodbine, and Andrew J. Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: S15G1108

    The trial court properly declined to vacate the defendant's conviction for conspiracy to commit murder after her only alleged co-conspirator was acquitted of conspiracy by the same

  • Bryant v. State

    Publication Date: 2016-03-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Sussman, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1738

    The State did not violate Brady or Giglio by failing to disclose before trial that two State's witnesses had outstanding warrants pending against them, because the defendant was able to obtain the e

  • Clough v. State

    Publication Date: 2016-03-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Maryellen Simmons and John T. Overocker Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Vincent J. Faucette, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew M. Youn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1708

    The trial court reversibly erred in failing to give a requested c on voluntary manslaughter in the defendant's murder trial, since there was some evidence to support the c

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  • Ford v. State

    Publication Date: 2016-03-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1626

    The trial court erred in sentencing the defendant for the aggravated assaults of the two m victims, as those convictions should have merged as a matter of fact into his convictions for malice m

  • Crayton v. State

    Publication Date: 2016-03-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frances C. Kuo and Stephen T. Maples, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth M. Haase, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1506

    The trial court properly declined to merge the defendant's aggravated assault conviction into his conviction for felony murder premised on possession of a firearm by a convicted felon for sentencing

  • Kellam v. State

    Publication Date: 2016-02-29
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: W. Rocky Adams, Dublin, for appellant.
    for defendant: Louis C. Fraser, District Attorney, Dublin, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1913

    The evidence did not authorize jury charges on the defense of accident or involuntary manslaughter in the defendant's trial arising out of the death of a 17-month-old child who was in his

  • Otis v. State

    Publication Date: 2016-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Amanda M. Grantham Public Defender's Office, and Bryan M. Grantham Hawkins Parnell Thackston Young LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1717

    Double jeopardy barred retrial after the trial court erroneously sua sponte declared a mistrial when the murder defendant failed to provide notice before trial of his intent to present evidence of m

  • Howard v. State

    Publication Date: 2016-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Kelly L. McLain and Green B. Moore III Public Defender's Office, Gray, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Scott O. Teague, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A1584

    There was sufficient evidence from which a reasonable trier of fact could reject the defendant's self-defense claim and find that he was the aggressor in the deadly confront