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  • Wynn v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John C. Culp Culp & Smith, Roswell, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, 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: S00A0972

    Defendant could not impeach the state's witness with a prior inconsistent statement that was not relevant to defendant's

  • Moore v. State

    Publication Date: 2000-10-13
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Christopher W. Willis Turner & Willis PC, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, John A. Warr, Assistant District Attorney, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S00A0926

    The defendant's subsequent assault on a co-worker with a blunt object found on construction sites where they worked was sufficiently similar to the victim's m

  • Furlow v. State

    Publication Date: 2000-10-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S00A0674

    The trial court did not abuse its discretion in allowing the jury to approach the defense table to view the defendant's distinctive

  • Drake v. State

    Publication Date: 2000-10-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Penny D. Furr, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, George W.K. Snyder, Assistant District Attorney, Thurbert E. Baker, Attorney General and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0699

    The trial court correctly recharged the jury after erroneously charging that the jury could not consider voluntary manslaughter until after it ruled out malice and felony m

  • Taylor v. State

    Publication Date: 2000-09-22
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William T. Hankins III, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara D. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1025

    The defendant was not entitled to a jury instruction on identity since the state did not rely on eyewitness testimony to connect him to the c

  • Law Journal Press | Digital Book

    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Klink v. State

    Publication Date: 2000-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S00A0503, S00A0874

    The fact that the legislature included a warning in O.C.G.A. § 52-7-12.5's implied consent notice to boaters that chemical test results may be used against them at trial does not mean that the absen

  • Pickren v. State

    Publication Date: 2000-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, for appellant.
    for defendant: Roger G. Queen, District Attorney, Ellijay, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0108

    The fatally-wounded deputy sheriff's bloodstained uniform was relevant to show that the defendant knew he was firing a weapon at a peace of

  • Farley v. State

    Publication Date: 2000-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason K. Hoffman Benson, Phillips & Hoffman PC, Tifton, for appellant.
    for defendant: C. Paul Bowden, District Attorney, Holli G. Martin, Assistant District Attorney, Tifton, Thurbert E. Baker, Attorney General, Andrea S. Hirsch and Christopher S. Brasher, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S00A0536

    The legislature did not violate equal protection by requiring seat belt use by occupants of passenger vehicles but not adult occupants of pickup t

  • Johnson v. Athens Clarke County

    Publication Date: 2000-05-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul J. Vignos University of Ga. Legal Aid Clinic and Arthur T. Crosby III, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, Solicitor General, and Todd A. Brooks, Assistant Solicitor, Athens, for appellee.
    Case Number: S00A0134

    Athens-Clarke County's loitering ordinance is unconstitutionally vague, because an innocent person who stands or sits in a "known drug area" could be subject to arrest and conviction without knowing

  • Harvey v. Sullivan

    Publication Date: 2000-05-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Harold J. Cronk Harold J. Cronk PC, Savannah, for appellant.
    for defendant: Robert R. Cook, Richmond Hill, and Jimmie L. Sullivan, Martin, S.C., for appellee.
    Case Number: S00A0380

    The probate court properly allowed ll's propounder to establish the testatrix's signature in accordance with O.C.G.A. § 53-5-24, because the propounder established that one of tnesses to