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Publication Date: 2015-02-05
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Joseph C. T. Lewis The Tim Lewis Firm, Americus, for appellant.
for defendant: Gregory W. Edwards, District Attorney, Albany, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1918
The trial court properly permitted the prosecutor to essentially ask whether any prospective juror would automatically conclude that a defendant should not be prosecuted if the facts established tha
Publication Date: 2015-02-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Beau A. Worthington Coxen Worthington LLC, Covington, for appellant.
for defendant: Richard R. Read, District Attorney, Roberta A. Earnhardt, Senior Assistant District Attorney, Debra M. Sullivan, Assistant District Attorney, Conyers, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1482
Post-autopsy photographs of the 5-month-old victim's brain injuries were properly admitted to assist with the jury's understanding of the medical examiner's testimony as to how the victim
Publication Date: 2015-02-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Brian M. Rickman, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellant.
for defendant: Brian Steel The Steel Law Firm PC, Atlanta, for appellee.
Case Number: S14A1657
Defense counsel was deficient in failing to object to the State's comments in opening referring to the defendant's pre-arrest silence and his failure to come forward to police after he fatally shot
Publication Date: 2015-01-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Portland J. D. Campanaro, Evans, for appellant.
for defendant: John R. B. Long, Augusta, for appellee.
Case Number: S14F1887
The wife waived her arguments on appeal regarding the award of visitation to the paternal grandparents of the parties' 2-year-old
Publication Date: 2015-01-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Thomas S. Robinson III Robinson Associates, Snellville, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1431
No reversible error resulted from the trial court's reference to the preservation of objections for appeal with respect to admitted documentary evidence during a colloquy with trial counsel in the p
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2015-01-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, and Thomas C. Rawlings McMillan Rawlings LLP, Sandersville, for appellant.
for defendant: Rebecca A. Wright, District Attorney, Henry W. Syms Jr., Madonna M. Little, Assistant District Attorneys, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1570
The defendant's underlying felony of fleeing and eluding should have merged with her felony murder and feticide convictions for purposes of sente
Publication Date: 2015-01-22
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Anthony S. Carter, Public Defender, Monroe, for appellant.
for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Candice L. Branche, Assistant District Attorneys, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1409
The defendant held her hand over her 5-week-old baby's nose and mouth until the child stopped brea
Publication Date: 2014-11-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff:
for defendant:
Case Number: S14A1162; S14A1163; S14A1516; S14A1533
A co-indictee's cellmate's statement to a detective about the details of a fatal shooting, which implicated three of the defendants, was admissible under the co-conspirator exception to the hearsay
Publication Date: 2014-11-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Sheila E. Gallow, Senior Assistant District Attorney, Atlanta, for appellant.
for defendant: Ronnie R. Poole Public Defender's Office, Atlanta, for appellee.
Case Number: S14A0889
The jury returned mutually exclusive verdicts of guilty on felony murder and felony involuntary manslaughter counts against the defendant in a case involving the death of an 11-month-old infant due
Publication Date: 2014-11-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: T. Mack Taylor, Evans, for appellant.
for defendant: Fredric D. Bright, District Attorney, Gray, Reginald L. Bellury, Assistant District Attorney, Milledgeville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1361
The evidence did not support jury charges on mutual combat or voluntary manslaughter after the defendant murdered a fellow i
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