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  • Norred v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John W. Donnelly, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Jon R. Forwood, Assistant District Attorney, Athens, 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: S15A0405

    The evidence supported the verdict finding the defendant guilty but mentally ill after he murdered his sister and attempted to murder an sister and his m

  • Marlowe v. Marlowe

    Publication Date: 2015-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Nathaniel M. Smith, McDonough, for appellant.
    for defendant: Gregory A. Futch, McDonough, for appellee.
    Case Number: S15A0573

    The evidence supported the trial court's findings regarding husband's diminished earning capacity on his petition for a downward modific of his child support oblig

  • Hager v. State

    Publication Date: 2015-05-18
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael W. Tarleton Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Gerald Mason, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0450

    The victim's dying declarations were properly included in the determination of the sufficiency of the evidence to support the defendant's convictions for murder and other related c

  • Wilson v. State

    Publication Date: 2015-05-18
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Melissa L. Poole, Assistant District Attorneys, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0340

    The evidence was sufficient to support the defendant's convictions for murder and other crimes related to the death of a child in her

  • McLeod v. State

    Publication Date: 2015-05-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Walker Georgia Public Defender Standards Council, Macon, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Bradford L. Rigby, Assistant District Attorney, Cordele, 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: S15A0370

    There was sufficient evidence demonstrating that the defendant conspired with her boyfriend and his brother to commit felony armed robbery and she was a party to the crimes, including m

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Price v. State

    Publication Date: 2015-05-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James C. Bonner Jr. and Tyler R. Conklin Georgia Public Defender Standards Council, Atlanta, 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 Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0299

    The trial court's decision to admit the defendant's custodial statement was not clearly erroneous, since the evidence supported a finding that his confession was volu

  • Freeman v. State

    Publication Date: 2015-04-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Anthony L. Freeman, Unadilla, proceeded pro se. Scott L. Ballard, District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Meghan H. Hill, Assistant Attorney General, Atlanta, and Robert W. Smith Jr. Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.
    for defendant:
    Case Number: S15A0316

    The trial court properly denied the defendant's motion for leave to file an out-of-time appeal, which he filed over 18 years after the entry of his guilty

  • Pollard v. Pollard

    Publication Date: 2015-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frank W. Hamilton and Kimberly Colmey Hamilton Legal Services LLC, Cumming, for appellant.
    for defendant: Brian Pollard, Atlanta, proceeded pro se.
    Case Number: S15A0041

    A contempt order arising out of a divorce action ordering the wife to take out a life insurance policy for at least $50K naming the husband as the sole beneficiary, or alternatively, to establish a

  • Danforth v. Chapman

    Publication Date: 2015-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Matthew B. Crowder, Assistant Attorney General, Atlanta, and Daniel M. King Jr. King Law Group, Dublin, for Danforth. John H. Rains IV, Michael A. Caplan, Emmet J. Bondurant II Bondurant, Mixson Elmore LLP, Atlanta, and Franklin J. Hogue Hogue Hogue, Macon, for Chapman.
    for defendant:
    Case Number: S15A0147; S15X0148

    The defendant was entitled to a new trial as relief for the prosecutor's suppression of certain material evidence that was favorable to the de

  • Kass v. State

    Publication Date: 2015-04-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Leslie R. Lowry and Kenneth D. Kondritzer Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0037

    The t ourt did not abuse its discretion in declining to strike two jurors for cause, since the jurors did not express opinions that were so fixed that they could not set them aside, follow the