• Coweta County v. City of Senoia

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: A. Mitchell Powell Jr. and Jerry A. Conner Glover & Davis PA, Newnan, for appellant.
    for defendant: Andrew J. Whalen III, Virginia S. Martin Mullins, Whalen & Westbury, Griffin, George C. Rosenzweig and Sara A. Evans Rosenzweig, Jones & MacNabb PC, Newnan, for appellee.

    Case Number: S02A0959

    A proposed 50-foot buffer along the common boundary between the city and the county did not violate the parties' annexation agreement that all developed lots on the boundary had to be at least 1.6 a

  • Cross v. Stokes

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bette E. Rosenzveig Cross & Rosenzveig, Decatur, for appellant.
    for defendant: Michael T. Smith, William D. Carter Jr. Rich & Smith PC, Lawrenceville, Stanley J. Turner, Atlanta, and Robert P. Hoyt Rubin & Hoyt, Cumming, for appellees.

    Case Number: S02A1067

    The attorney who served as the testator's Department of Veteran Affairs guardian when the testator executed his will was disqualified under O.C.G.A. § 29-6-11 c from receiving any be

  • Johnson v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A0794

    Defendant was not entitled to sua sponte severance of his trial from his co-defendant's since admission of the co-defendant's noncustodial statement did not violate B

  • Reed v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ramon J. Fajardo, Leesburg, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Gregory W. Edwards, Assistant District Attorney, Albany, Thurbert E. Baker Jr., Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1048

    The more severe underlying convi merges into the felony murder convi where it is unclear which of two charged felonies formed the basis for the murder convi

  • Duncan v. Moore

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joseph E. Willard Jr., Rossville, for appellant.
    for defendant: . Lindsay H. Bennett Jr., Rossville, for appellees.

    Case Number: S02A0949

    The probate court did not err in admitting the testatrix's will into evidence without the testimony of the subscribing witnesses since the will was accompanied by a self-proving affi

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  • State v. Vogleson

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Tom Morgan III, District Attorney, Jennifer M. Daniels, Senior Assistant District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellant.
    for defendant: Sara M. T. Yeager, Ruth L. Rocker and Demetria N. Williams DeKalb County Public Defender's Office, Decatur, for appellee. Amicus Appellee: Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta.

    Case Number: S01G1642

    The trial court violated the defendant's right of confrontation when it refused to allow defense counsel to question defendant's accomplice about the amount of prison time he thought he was avoiding

  • Fulton County v. Congregation of Anshein Chesed

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Overtis H. Brantley, County Attorney, Larry W. Ramsey Jr. and Renee M. L'Eplattenier, Atlanta, for appellant.
    for defendant: . Dick Wilson Jr. and Kelly M. Fitzgerald Wilson, Brock & Irby LLC, Atlanta, for appellee.

    Case Number: S02A0676

    Some evidence supported the board of commissioner's decision to deny a congregation's application to rezone a certain tract of land for use as a place of worship since the rezoning would have introd

  • Flowers v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Peter B. Hoffman, Hamilton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Nigel R. Lush, Assistant District Attorney, LaGrange, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A0905

    The trial court did not abuse its discretion in refusing to grant a continuance allowing the defendant to replace his appointed counsel where the defendant had more than six months to do so, but wai

  • Colbert v. State

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: A. Lee Hayes and Mark D. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Kenneth A. Dasher, Assistant District Attorney, Albany, Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A1141

    Defendant's statements to police following a prior similar crime were admissible to show the similarity between the prior crime and the current off

  • Earl v. Mills

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Luann M. Evans, Woodstock, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, and Charles E. Hoffecker, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S02A0631

    No appellate decision controlled the plaintiff's claim that the judicial circuit's chief judge illegally created a family requiring the permanent assistance of judges from the juvenile