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Publication Date: 2004-10-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Carl P. Greenberg, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Raina Nadler, Assistant Attorney General, Atlanta, for appellee.
Case Number: S04A0961
The trial court did not abuse its discretion when it permitted the assistant district attorney to make his closing argument while seated in the witness chair and to comment on the bravery the witnes
Publication Date: 2004-10-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, Atlanta, and Marion T. Pope Jr. Hasty, Pope & Ball, Canton, for appellant.
for defendant: Thomas M. West, Robert H. Citronberg, Holly L. Geerdes, Multi-County Pub. Defender, and JamesC. Bonner Jr. Georgia Pub. Defender Council, Atlanta, for appellee. Other party representation: Thurbert E. Baker, Attorney General, and Susan V. Boelyn, Senior Assistant Attorney General, Atlanta. Amicus Appellant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta. Amicus Appellee: Carl P. Greenberg, Atlanta.
Case Number: S04A1132
The state had no right to interim review of the denial of its motion to recuse the trial judge in a pending death penalty
Publication Date: 2004-09-24
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: David S. Walker Jr., Snellville, for appellant.
for defendant: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellee.
Case Number: S04A0689
Debts which are in the nature of alimony, support or maintenance are not dischargeable in bankruptcy under 11 U.S.C.A. §52
Publication Date: 2004-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Barry Staples and Hix H. Green, Marietta, for appellant.
for defendant: Barry E. Morgan, Solicitor General, and Thomas J. Campbell, Assistant Solicitor, Marietta, for appellee.
Case Number: S04A0343
O.C.G.A. § 40-8-73.1-governing the use of tinted automobile windows-violates equal protection by differentiating between drivers of cars registered in Georgia and drivers of non-resident veh
Publication Date: 2004-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
Case Number: S04A0548
The defendant's convi for aggravated battery merged with his malice murder convi
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Publication Date: 2004-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jerry B. Hatcher, Alpharetta, for appellant.
for defendant: . Ambadas B. Joshi Sharon W. Ware & Assocs., and William S. Sutton McLain & Merritt PC, Atlanta, for appellees.
Case Number: S03G1102
A federal employee was entitled to underinsured motorist benefits where the tortfeasor's liability coverage, when reduced by subrogation claims paid by federal mandate, was less than the plaintiff's
Publication Date: 2004-06-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Alan I. Begner, Eric L. Jenson, Katie K. Wood and Cory G. Begner Begner & Begner PC, Atlanta, for appellant.
for defendant: . Douglas R. Haynie, Harbert S. Gregory Jr. and Melissa A. P. Haisten Haynie, Litchfield & Crane PC, Marietta, for appellee.
Case Number: S04A0249
An adult novelty store's appeal of the grant of a TRO against its continued operation based on its sale of allegedly obscene material was moot since the store's business license had ex
Publication Date: 2004-06-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Steven M. Reilly, Lawrenceville, for appellant.
for defendant: Joseph E. Cheeley Jr. and Joseph E. Cheeley III, Buford, for appellee.
Case Number: S04F0101
The trial court's order awarding child support to the wife was deficient since it did not include findings regarding her i
Publication Date: 2004-06-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Frank E. Jenkins III, Brandon L. Bowen Jenkins & Olson PC, Cartersville, and William S. Lee IV, Albany, for appellant.
for defendant: Steven E. Scheer, Savannah, and Charles W. Byrd, Perry, for appellee. Amicus appellee: John B. Long Tucker, Everitt, Wheale, Long, Brewton & Lanier, Augusta, for appellee.
Case Number: S04A0358; S04A0588
The Court remanded for a determination of whether the county board of commissioners adopted a budget for the sheriff's department that did not reasonably and adequately provide for the personnel and
Publication Date: 2004-06-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
for defendant: J. David Miller, District Attorney, Valdosta, Andrew W. Pope, Brian A. McDaniel, Assistant District Attorneys, Moultrie, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
Case Number: S04A0071
The defendant had several inconsistent versions of how the murder victim was
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