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  • Smith v. State

    Publication Date: 2000-02-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor General, Jonesboro, for appellee.
    Case Number: S99G0903

    Hotel and lodging costs for state's out-of-state witnesses could not be imposed against defendant convicted o

  • Wilson v. State

    Publication Date: 2000-02-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John H. Bradley Waddell, Emerson & Buice and Jon P. Carr, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, Jeffrey Ertel Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P0651

    Prospective juror who was formerly a defense attorney and stated that 99.9 percent of all defendants are guilty did not have to be removed for cause since he stated he believed he could render a fai

  • Brissey v. Ellison

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S99A1827

    Plaintiff had no standing under O.C.G.A. § 9-6-24 to compel the superior court clerk to cancel all notices of federal tax liens, since there was no public duty involved and a writ of mandamus is not

  • Ramsey v. State

    Publication Date: 2000-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elaine T. McGruder, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, David E. Langford, Assistant District Attorneys, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1447

    Since defendant's statements to the police officer who arrived at the crime scene were spontaneous, they were admissible even though he did not receive Miranda war

  • Stokes v. Edwards

    Publication Date: 2000-02-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Rebecca S. Mick and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S99A1816

    Plaintiff could not file a writ of prohibition challenging superior court's decision reversing the dismissal of petition to remove him from school board, since court had jurisdiction over that admin

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  • Maree v. Phillips

    Publication Date: 2000-01-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Warren R. Hinds, Atlanta, for appellee.
    Case Number: S99A1570

    Under the parties' cohabitation agreement, the property they acquired while living together was divided between them according to the amount each paid to acquire the property, not including any amou

  • Pullin v. Dorsey

    Publication Date: 2000-01-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Jeanne Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: S99A1546

    The trial court could raise defendant's bail from $100,000 to $750,000 upon being informed that he had prior felony convictions, that he might intimidate a witness to the murder and that he lost his

  • Caf Erotica Inc. v. Peach County

    Publication Date: 2000-01-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas E. Maddox Jr. Thomas E. Maddox Jr. PC, Tucker, for appellant.
    for defendant: Susan S. Cole and Charles E. Cox Jr. Cole & Cox, Macon, for appellee.
    Case Number: S99A1256

    Since county attorney had no power to vote on county ordinance banning alcohol sales at adult entertainment businesses, his statement that the county intended to eliminate nude dancing did not show