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  • Ridley v. Johns

    Publication Date: 2001-09-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Terry L. Strawser and Earl J. Van Gerpen Van Gerpen & Assocs., Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Kimberly L. Schwartz, Assistant Attorney General, Atlanta, and David C. Moss Mills & Moss LLC, Lawrenceville, for appellees. Amicus appellant: Bruce M. Edenfield and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta.
    Case Number: S01G0053

    Neither malice nor intent to injure could strip a state employee of immunity under the State Tort Claims Act for torts committed within scope of the employee's official d

  • Schramm v. State

    Publication Date: 2001-07-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lucy J. Bell, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Thomson, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1165

    The evidence belied the defendant's contention that a mechanical failure in his steering column caused him to hit the murder victim whose body landed 83 feet away from defendant'

  • Brown v. State

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: S00G1809

    Police report narratives are not admissible under the business re exception to the hearsay rule because they do not have the inherent reliability of other traditional business re

  • McKeen v. Federal Deposit Ins. Corp.

    Publication Date: 2001-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Hoke J. Thomas Jr., LaGrange, for McKeen. Jeffrey R. Harris Ellis, Painter, Retterree & Bart, Savannah, for NationsBank. Other party representation: Scott A. Gordy McDonald Oil Co., Matthew C. Alford and Dewey R. McKenzie Jr. Willis, McKenzie & Long LLP, LaGrange.
    for defendant:
    Case Number: S01A0085; S01X0091

    The county violated the debtor's automatic stay in bankruptcy by filing a notice of levy for outstanding property taxes and advertising the debtor's property for sale without seeking a stay of reli

  • Miller v. State

    Publication Date: 2001-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jeffrey W. Cofer, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, 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: S01A0750

    The conflicting testimony of several witnesses with regard to the number, gender and identity of persons gathered with defendant at the time of the shooting was a matter of credibility for the jury

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  • Fisher v. State

    Publication Date: 2001-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Daniel Shim and Bruce F. Morriss Morriss, Lober & Dobson, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Phillip Jackson, Assistant Solicitor General, and Cynthia G. Strong Office of Solicitor General, Atlanta, for appellee.
    Case Number: S00G1581

    Defense counsel waived defendant's speedy trial demand by failing to notify the trial court that counsel's higher priority case ended prior to expiration of the second court

  • Baker v. State

    Publication Date: 2001-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: LeRoy K. Baker Jr., Abbeville, for appellant.
    for defendant: John G. Conger, District Attorney, Roger H. Anderson, Assistant District Attorney, Columbus, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0597

    Defense counsel was not ineffective for failing to inform defendant of his right to appeal his sentence on his guilty pleas to malice murder and armed robbery since defendant expressly waiving that

  • Motley v. State

    Publication Date: 2001-05-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David S. Herndon Kirbo & Herndon, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Marsha G. Boniface, Andrew W. Pope, Assistant District Attorneys, Moultrie, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0020

    Defendant's affirmative nod on the record to questions about whether he understood his right to remain silent and the legal presumption of innocence supported the trial court's acceptance of his gui

  • Cheeves v. Lacksen

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ginger J. DuToit, Atlanta, for appellant.
    for defendant: J. Franklin Hitchcock Rozier & Hitchcock, Sparta, and Hubert C. Lovein Jr. Jones, Cork & Miller LLP, Macon, for appellees.
    Case Number: S00A1717

    Trial court properly ruled that timberland should be partitioned under O.C.G.A. § 44-6-166.4 after finding that an equitable division by metes and bounds would result in small tracts of timberland t

  • State v. Peterson

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Anne E. Green and Peggy A. Katz, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: Larry D. Wolfe, David S. Harvey, August F. Siemon III, Atlanta, and Derek H. Jones, Decatur, for appellee. Other party representation: Susan B. Wardell Fulton County Conflict Office and Tony L. Axam, Atlanta.
    Case Number: S00A1512

    Detective did not violate murder defendants' Fourth Amendment rights by entering their house to assist two minor children who were left without responsible adult superv