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  • Maddox v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dorothy K. McCranie The Kirbo Law Firm, Moultrie, for appellant.
    for defendant: Brian A. McDaniel, District Attorney, Moultrie, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1682

    The record supported the trial court's finding that the 17-year-old defendant knowingly and voluntarily waived his rights when he pled guilty to m

  • Security Life Ins. Co. of Am. v. St. Paul Fire & Marine Ins. Co.

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Barwick, Teresa W. Roseborough and Carl W. McMillan Sutherland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Sidney S. Haskins II, Benjamin F. Easterlin IV, Byron Attridge King & Spalding, Hardy Gregory Jr. Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP and J. Alexander Porter Porter, Orrison & Doster LLP, Atlanta,
    Case Number: S04G0322

    The Court of Appeals erred in ruling that an Unliquidated Damages Interest Act, O.C.G.A. § 51-12-14 UDIA, determination should be made on an award of compensatory damages augmented by a variety of o

  • Johnson v. Georgia Dep't of Human Resources

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Victor L. Moldovan, H. Wayne Phears Phears & Moldovan, Norcross, and Christopher J. McFadden, Decatur, for appellees. Robert L. Bunner Perrie & Cole LLC, Thurbert E. Baker, Attorney General, Jennifer L. Dalton, Assistant Attorney General, Atlanta, and J. Franklin Edenfield Spivey, Carlton & Edenfield, Swainsboro, for appellees. Amicus appellant: Craig T. Jones Edmonds & Jones LLP, Timothy C. Batten, David H. Flint Schreeder, Wheeler & Flint LLP, and David A. Webster, Atlanta.
    for defendant:
    Case Number: S04G0817

    Employees as defined by the Georgia Tort Claim Act do not include corporations and independent contra

  • Folson v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Paul Bowden, District Attorney, Bradford L. Rigby, Assistant District Attorney, Tifton, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1279

    The jury was authorized to find that the 2-year-old victim suffered mental pain from the medical examiner's testimony that his death resulted from a beating from his own stepf

  • Anderson v. Anderson

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: R. Alex Crumbley and Jason T. Harper Crumbley & Crumbley , McDonough, for appellant.
    for defendant: Robert T. Romeo Brown & Romeo, Jonesboro, for appellee.
    Case Number: S04F1736

    The record did not support the wife's contention that the trial court separated the couple's children based on their biological relationship to the hu

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  • Security Life Ins. Co. of Am. v. St. Paul Fire & Marine Ins. Co.

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Barwick, Teresa W. Roseborough and Carl W. McMillan Sutherland, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: Sidney S. Haskins II, Benjamin F. Easterlin IV, Byron Attridge King & Spalding, Hardy Gregory Jr. Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP and J. Alexander Porter Porter, Orrison & Doster LLP, Atlanta,
    Case Number: S04G0322

    The Court of Appeals erred in ruling that an Unliquidated Damages Interest Act, O.C.G.A. § 51-12-14 UDIA, determination should be made on an award of compensatory damages augmented by a variety of o

  • Porter v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Amy H. Bogartz, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A1360

    The trial court did not coerce the jury into abandoning its honest convictions when it asked the jury to deliberate for another hour after the foreman informed the trial court at 5:00 p.m. on a Frid

  • Roberts v. State

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: S04G0219

    The doctrine of judicial estoppel does not apply in criminal cases against either the state or the defe

  • State v. Randolph

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cecilia M. Cooper, District Attorney, Richard E. Thomas, Assistant District Attorney, Albany, for appellant.
    for defendant: Wilbur T. Gamble III, Dawson, for appellee.
    Case Number: S04G0674

    An occupant of joint premises may not give valid consent to search in the face of the refusal of another occupant, who is physically present at the

  • Maddox v. Maddox

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellee.
    Case Number: S04F1380

    The evidence of record established the amount paid for three undeveloped lots, which the trial court equitably divided, the pertinent dates for the properties in question, the amount of each down p