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  • Burke v. State

    Publication Date: 2001-01-19
    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, Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1467

    Murder defendant was not entitled to a reversal based on the trial court's failure to give cautionary instructions after th ecutor made inflammatory remarks because the trial court admonished t

  • Watkins v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William C. Puckett Jr., Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1560

    Erroneous admission of hearsay evidence to explain investigating officer's conduct in trying to find alleged shooter who was with defendant at the time of the crimes was harmless because defendant

  • Johnson v. Griffin

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Allen M. Griffin, Hardwick, proceeded pro se.
    Case Number: S00A1860

    Defendant's arising from the parole board's determination that he was no longer eligible for parole was not a cognizable habeas

  • Farrier v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Robert E. Statham III, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1526

    Any error in the trial court's charge on possession of a firearm by a first offender as a predicate to felony m was moot because defendant was convicted of malice m

  • Potter v. State

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Orin L. Alexis, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Jon Hope, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2085

    Defendant's convictions for felony murder and a firearms offense are reaffirmed as the evidence supported the trial court's determination that defendant's ineffective assistance of counsel claim was

  • 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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  • Henry County v. Tim Jones Properties

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Wade M. Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: . G. Douglas Dillard and Andrea C. Jones Dillard & Galloway LLC, Atlanta, for appellees. Amicus Appellees: David H. Flint, Mark W. Forsling Schreeder, Wheeler & Flint LLP, Harold G. Clarke, Charles F. Palmer, David C. Kirk Troutman Sanders LLP, Richard W. Wilson Jr., James S. Teague Jr. Wilson, Brock & Irby LLC, Atlanta, Michele LeFaivre National Assoc. of Home Builders, Washington, D.C.
    Case Number: S00A1200

    County board of commissioners' arbitrary rezoning of property which made it impossible for a real estate company to build cluster homes amounted to an unconstitutional t

  • Collins v. State

    Publication Date: 2000-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Farnham, Social Circle, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1376

    Defendant's letters to his accomplice while they were in jail on murder charges were admissible to show that they were attempting to conceal the

  • Lucas v. State

    Publication Date: 2000-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John B. Sumner, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, Canton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1231

    A reasonable officer would have understood that the defendant was invoking his right to counsel when he told the officer that his attorney told him not to say any

  • Ware v. State

    Publication Date: 2000-11-03
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Billy C. Mathis Jr. and Caroline A. Cormack Mathis, Cannon & Cormack LLP, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, Bradford R. Pierce, Assistant District Attorney, Albany, Thurbert E. Baker, Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0884

    Evidence of defendant's school disciplinary problems was relevant and admissible to show why he lived and killed his uncle, even if that evidence incidentally placed his character at

  • Old South Duck Tours v. Mayor & Aldermen of the City of Savannah

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bruce E. Mitchell, Alison K. Arce Mitchell & Assocs., Atlanta, and Edwin W. King Jr., Savannah, for appellant.
    for defendant: . James B. Blackburn, City Attorney, Peter A. Giusti Wiseman, Blackburn & Futrell and Abda L. Quillian Quillian, Loncon & Edwards LLP, Savannah, for appellee.
    Case Number: S00A1107

    City ordinances prohibiting the use of amphibious tour vehicles in the city's historic district fall within the constitutional exception authorizing local governments to exercise their police p