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  • Jordan v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lloyd D. Murray Lloyd D. Murray & Assocs., Pembroke, for appellant.
    for defendant: J. Thomas Durden Jr., District Attorney, Hinesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0513

    Because he was guilty of the victim's murder as a party to the crime, the defendant could not be an accessory after the fact for helping to bury the victim's

  • Mack v. State

    Publication Date: 2000-05-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael G. Schiavone Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ronald M. Adams, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0143

    Victim's taunting defendant by calling him names and comparing his sexual physique to another man's did not justify reducing a murder charge to voluntary manslaughter in the absence of evidence that

  • Monroe v. State

    Publication Date: 2000-03-24
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Waldrop Gentry & Waldrop, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Nancy N. Bills, Assistant District Attorney, Conyers, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1771

    Evidence that the defendant threatened to kill the victim after she ended their 20-year relationship and that the bloodstains on his jacket matched her DNA was so overwhelming that it overcame the t

  • Elite Realty Servs. Inc. v. City of Auburn

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John E. Stell Jr. Russell, Stell, Smith & McLocklin PC, Winder, for appellant.
    for defendant: Robert J. Wilson Webb, Tanner & Powell LLP, Lawrenceville, and Currie M. Mingledorff II Russell & Mingledorff PA, Winder, for appellees.
    Case Number: S99A1598

    The developer's plan to remodel a house that it moved to a subdivision lot did not comply with a restrictive covenant that permitted only "site built"

  • Hedquist v. Merrill Lynch, Pierce, Fenner & Smith Inc.

    Publication Date: 2000-03-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rosemary S. Armstrong, Atlanta, for appellant.
    for defendant: . Taylor W. Jones, Linda R. Greer Jones, Copeland, Lefkowitz & Greer, Richard H. Sinkfield, Brett A. Rogers and Paul W. Stivers Rogers & Hardin, Atlanta, for appellees.
    Case Number: S99G0754

    The plaintiff's voluntary dismissal with prejudice of the defendant's employee did not bar its respondeat superior claim against the defendant since the dismissal was not an adjudication on the meri

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    Florida Domestic Violence: The Practitioner’s Handbook 2017

    Authors: Andrew Wentzell

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  • Bellamy v. State

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S99A1671

    Defendant was not entitled to a charge on involuntary manslaughter since the evidence showed he either committed murder or no crime a

  • Peek v. State

    Publication Date: 2000-03-17
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Monte K. Davis and George A. Stein, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor General, and Kimberly V. Gross, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: S99G0592

    Computer printout of hospital employee's "education cumulative report" was insufficient under O.C.G.A. § 40-6-392 to prove that employee was a phlebotomist authorized to draw defendant's blood for b

  • SCI Liquidating Corp. v. Hartford Ins. Co.

    Publication Date: 2000-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edward Hine Jr. Hine & Niedrach PC, Rome, and Erin M. Richardson, Maplewood, for appellant.
    for defendant: Malcolm P. Smith Lokey & Smith, Atlanta, for appellees. Amicus Appellants: Eugene R. Anderson, Richard P. Lewis Anderson, Kill & Olick PC, New York, NY, and Amy Bach, Mill Valley, Calif.
    Case Number: S99Q1575

    Since sexual harassment does not arise out of employment, exclusion in employer's policy barring coverage for employee injuries arising out of and in the course of employment did not

  • Clark v. Head

    Publication Date: 2000-03-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, for appellant.
    for defendant: Jerry L. Gentry and Christine C. Daniel Cobb County Attorney's Office, Marietta, for appellee.
    Case Number: S99A1429

    Plaintiff's contract to provide legal services to district att s child support recovery unit was unenforceable against newly-elected district att

  • Rittenhouse v. State

    Publication Date: 2000-02-25
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S99A1718, S99A1721

    Defendant's booking photograph was admissible since he had changed his appearance dramatically since the murder and witnesses had difficulty identifyin