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  • Magnetic Resonance Plus Inc. v. Imaging Sys. Int'l

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Adam R. Gaslowitz and Walter Hamberg III Adam R. Gaslowitz & Assocs., Atlanta, for appellant.
    for defendant: John W. Chambers Jr., John W. Chambers Sr. and Timothy D. Chambers Chambers, Chambers & Chambers, Atlanta, for appellee.
    Case Number: S00G0793

    Plaintiff could not recover attorneys' fees in its breach of contract suit because plaintiff failed to obtain any of the relief it s

  • Colwell v. State

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Kenneth D. Driggs and Michael Mears Multi-County Public Defender, Atlanta, for appellant.
    for defendant: John R. Parks, District Attorney, Daniel P. Bibler, Assistant District Attorney, Americus, Thurbert E. Baker Jr., Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorneys' Council of Ga., Smyrna, and Thomas H. Dunn Georgia Resource Ctr., Atlanta. Amicus appellant: Ronald S. Honberg and Rex W. Cowdry, Medical Director, National Alliance for the Mentally Ill, Arlington, Va.
    Case Number: S00P1959

    Defendant who clearly understood the nature and object of his and had the intellectual and communication skills necessary to assist in his own defense was competent to stand

  • Aldrich v. City of Lumber City

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Larry H. Hollington, Augusta, and John F. Sweet Clements, Clark & Sweet PC, Atlanta, for appellee. Daniel C. Kniffen and Terrence T. Rock Drew, Eckl & Farnham, Atlanta, for appellees. Amicus appellants: Todd S. Colarusso and Alex B. Wallach George, Bartles & Wallach, Forest Park.
    for defendant:
    Case Number: S00G0726

    O.C.G.A. § 34-9-104 a 1 does not authorize the Workers' Compensation Board to order repayment of benefits based on a change in condition prior to date of the most recent

  • Hammond v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1792

    The trial court was authorized to pose general voir dire questions to prospective jurors en masse, rather than while they were seated in the jury box in panels of t

  • Sarrio v. Gwinnett County

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Walter M. Britt & Deborah F. Weiss Chandler & Britt LLC, Buford, for appellant.
    for defendant: . Peter F. Boyce, Catherine M. Packwood Boyce, Ekonomou & Atkinson, Lilburn, Shawn M. Story Hancock & Echols, Forest Park, and Karen G. Thomas, County Attorney, Lawrenceville, for appellee.
    Case Number: S00A1835

    Trial court should have determined whether a charitable organization was is in imminent danger of losing some valuable and irrecoverable property right because the county told the organization to ce

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Turner v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lindsey H. Bennett III Bennett & Hamilton, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1418

    The medical examiner properly based his opinion as to the cause of the victim's death of the facts contained in the redacted autopsy report that was prepared by a prior medical examiner who died bef

  • Carter v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Charles M. Stines, Assistant District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2062

    Trial court's statement to jury during deliberations that defendant would not be retried if the jury did not reach a verdict warranted a new

  • Norwood v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Phillips, Macon, for appellant.
    for defendant: Charles H. Weston, District Attorney, Myra H. Kline, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Atlanta, for appellee.
    Case Number: S00A1626

    Defendant was not entitled to a new trial based on an affidavit that impeached a witness's test

  • Alexis v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James J. Lacy Drew, Eckl & Farnham and John T. Chason, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1909

    Defendant was not entitled to a charge on voluntary manslaughter because there was no evidence of provocation and pa

  • Chapman v. State

    Publication Date: 2001-02-02
    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, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1501

    Defense counsel's str in pursuing a guilty but mentally ill verdict to avoid a death sentence was a legitimate trial str