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  • Mathis v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mitchel D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amelia G. Pray, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0465

    The victim's sister's testimony that the victim told her to come if she ever heard the victim call her name did not meet the statutory definition of hearsay-evidence which does not derive its value

  • Wilson v. State

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A0571

    The evidence did not support a charge on accident, since the defendant testified that the victim died from a drug overdose and he denied taking any action that caused the victim's death by manual st

  • Forsyth County v. Martin

    Publication Date: 2005-03-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Terry E. Williams, Jason C. Waymire Terry E. Williams & Assocs. PC, Lawrenceville, and John R. Neville Banks, Stubbs, Neville & Cunat LLP, Cumming, for Forsyth County and others. Larry A. Pankey, Dana B. Miles, Kevin J. McDonough Miles, McGoff & Moore LLC, and Lynwood D. Jordan Jr., Cumming, for Martin and others.
    for defendant:
    Case Number: S04A2031; S04X2032

    The county could not relitigate the issue of whether it was the partial owner of a earthen dam in a residential subdivision, since the issue was resolved against the county in a prior administrative

  • Namik v. Wachovia Banks of Ga.

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert J. Kaufman, Stephen R. Klorfein, Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLP, and Charlotte K. Perrell Perrell & Wright LLC, Atlanta, for appellant.
    for defendant: . William J. Linkous Jr., David G. Ross and Nicole J. Wade Powell Goldstein LLP, Atlanta, for appellees.
    Case Number: S04G0857

    Some evidence supported the trial court's finding that a bank breached its fiduciary duty as trustee of a revocable living trust when it failed to invest the decedent's funds in accordance with his

  • Sawnee Elec. Membership Corp. v. Georgia Dep't of Revenue

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: H. Bruce Jackson, John P. Tyler and Anthony J. Rollins Jackson & Tyler LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Daniel M. Formby, Deputy Attorney General, Warren R. Calvert, Senior Assistant Attorney General, Alex F. Sponseller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04G0936

    An Electric Membership Corporation lacked standing to seek a sales tax refund for the sale of electricity on behalf of its members who actually paid th

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    Philadelphia County Court Rules 2024

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  • Wimberly v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Randall M. Clark and Bart G. Altman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins, Leslie K. DeVooght, Assistant District Attorneys, Brunswick, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S04A1870

    Defendant failed to show how the 38-month delay between his indictment on capital murder charges and his trial was presumptively prejud

  • Woodard v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1706

    The circumstances of the victim's gunshot wound, his pain and his death after extensive efforts to save him established a prima facie showing for admission of his statement that the defendant sho

  • Graveley v. Graveley

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Diane M. Moore Law Offices of Edwin Marger, Jasper, for appellant.
    for defendant: Barry Staples, Marietta, for appellee.
    Case Number: S05F0193

    The trial court has discretion to approve and incorporate a settlement agreement into a final divorce jud

  • CSX Transp. Inc. v. Williams

    Publication Date: 2005-02-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mary H. Moses and Randall A. Jordon Jordan & Moses, St. Simons Island, for appellant.
    for defendant: Roger B. Lane Lane & Gossett, Brunswick, for appellees.
    Case Number: S04Q1573; S04Q1574

    Georgia negligence law does not impose any duty on an employer to a third-party, non-employee, who comes into contact with its employee's asbestos-tainted work clothes at locations away from the work

  • Woodard v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1706

    The defendant's sentence of life imprisonment without the possibility of parole for murder was illegal under the recidivist statute, O.C.G.A. § 17-1