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  • Williamson v. Fain

    Publication Date: 2001-11-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ralph C. Smith Jr. Smith & Perry PA, Bainbridge, for appellant.
    for defendant: . Ben Kirbo Kirbo & Kendrick, Bainbridge, for appellees.
    Case Number: S01A0878

    Evidence that plaintiff's predecessors cultivated the disputed land from 1949 through 1983 and changed the nature and appearance of the land by clear-cutting, wind-rowing and planting pine trees in

  • Harvey v. State

    Publication Date: 2001-10-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John W. Sherrer Jr., Vienna, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cheri L. Nichols, Assistant District Attorney, Cordele, Thurbert E. Baker Jr., Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1231

    Defendant entered the victim's house to obtain money for drugs, stabbed the victim to death during the course of a disagreement and stole valuable items from his

  • Nance v. State

    Publication Date: 2001-10-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Johnny R. Moore, Lawrenceville, and Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Phil Wiley, Chief Assistant District Attorney, Lawrenceville, and Thurbert E. Baker Jr., Attorney General, Atlanta, for appellee.
    Case Number: S01A1554

    The state's vigorous objection to defendant's request to excuse a juror for cause was not the type of intentional prosecutorial misconduct necessary to bar a retrial following the reversal of defend

  • Mayes v. State

    Publication Date: 2001-10-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: C. Arthur Moss, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Thomaston, Daniel A. Hiatt, Assistant District Attorney, Griffin, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1180

    Evidence that the defendant shot and killed the victim after he interceded in an argument between the defendant's companion and an eyewitness supported his malice murder convi

  • Pittman v. State

    Publication Date: 2001-10-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard A. Jones Abernathy & Ballinger, Canton, for appellant.
    for defendant: Roger D. Queen, District Attorney, Jasper, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0780

    The trial court did not violate defendant's right to confrontation in allowing several witnesses to testify about statements made to them by defendant's girlfriend, who invoked her Fifth Amendment p

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    Connecticut Business Litigation, 4th Edition

    Authors: THOMAS J. FINN, PAULA CRUZ CEDILLO

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  • Yates v. State

    Publication Date: 2001-10-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Arthur H. English IV English & Kemp LLP, Barnesville, and William A. Adams Jr., Thomaston, for appellant.
    for defendant: William T. McBroom, District Attorney, Thomaston, Daniel A. Hiatt, Assistant District Attorney, Griffin, Thurbert E. Baker Jr., Attorney General, Mary B. Westmoreland, Deputy Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Paige R. Whitaker, Assistant Attorney General, Atlanta, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Michael Mears MultiCounty Public Defender, Atlanta, and Linda A. Malone William and Mary College School of Law, Williamsburg, Va.
    Case Number: S01P0977

    The trial court erred in summarily dismissing eighteen prospective jurors from the jury array who claimed medical problems without inquiring into the nature of the medical excuses or determining spe

  • Payson v. Payson

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David A. Webster, Atlanta, for appellant.
    for defendant: Eugene P. Chambers III and Steven T. Welch Chambers & Knight, Atlanta, for appellee.
    Case Number: S01A1117

    The trial court erred in treating the wife's property interest in stock she acquired prior to marriage as a marital asset which was subject to equitable div

  • Heard v. State

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Angel Wheeler, Senior Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0636

    O.C.G.A. § 5-6-38 requires a trial court order granting, denying, or otherwise finally disposing of a party's motion for a new trial in order to extend the time for filing a notice of a

  • Yeager v. State

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rex B. Abernathy, Summerville, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1017

    Defendant not entitled to a charge on post-traumatic stress disorder since there was no factual evidence supporting his theory that he believed that deadly force was necessary to protect himself fro

  • Brown v. State

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael G. Lambros Ekonomou, Atkinson & Lambros LLC, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Alan A. Cook, Assistant District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0651

    Defendant was not entitled to a mistrial after the state failed to produce a witness's statement regarding her telephone conversation with defendant because he failed to opt-in to the reciprocal di