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Publication Date: 2014-11-07
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & McFarland, Cumming, for appellant.
for defendant: Penny A. Penn, District Attorney, James A. Dunn, Assistant District Attorney, Cumming, 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: S14A1103
The evidence did not support a jury charge on accident, since the defendant never admitted starting the house fire that killed her hu
Publication Date: 2014-11-07
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1156
The defendant's conduct before, during and after a fatal shooting in which he advised, encouraged and counseled a co-indictee to come rescue him "with guns blazing" authorized the jury to find him g
Publication Date: 2014-11-06
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
for defendant: K. David Cooke Jr., District Attorney, Shelley T. Milton, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A1689
The trial court properly admitted into evidence four photographs of the murder victim's body to show the nature and extent of the victim's fatal gunshot w
Publication Date: 2014-10-24
Practice Area:
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Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff:
for defendant:
Case Number: S14A0804; S14A0805
The defendants failed to show that their respective attorneys were deficient in not objecting to the introduction of investigative summaries attached to the medical examiner's reports on the victims
Publication Date: 2014-10-23
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: George P. Shingler Shingler Lewis LLC, Atlanta, Eric T. Johnson, Woodstock, and James C. Watkins, Norcross, for appellant.
for defendant: . Leon A. Van Gelderen, Atlanta, and Kennon Peebles Jr., Buford, for appellee. Other party representation: Ryan D. Worsley and Thomas T. Tate Andersen, Tate & Carr PC, Duluth.
Case Number: S14G0599
The Supreme Court vacated the portion of the Court of Appeals' judgment concerning a claim that was never raised
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Publication Date: 2014-10-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff:
for defendant:
Case Number: S13G1843; S13G1852
The trial court erred in granting summary judgment to the defendants on a vicarious liability claim arising from an incident in which an off-duty police officer performing security at an apartment
Publication Date: 2014-10-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki S. Bass, Assistant Attorney General, Atlanta, and Daniel M. King Jr. King Law Group, Dublin, for appellee.
Case Number: S14A0691
The habeas court erred in denying the petitioner's challenge to his conviction for kidnapping with bodily injury, as the evidence was insufficient to establish the element of asportation in accordan
Publication Date: 2014-10-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Thomas M. Mitchell Carothers & Mitchell LLC, Buford, for appellant.
for defendant: Barry L. Fitzpatrick, Danielsville, and Regina M. Quick, Athens, for appellee.
Case Number: S14A0932
The trial court did not err in finding that the parties' agreement regarding a parking area located on the plaintiff's property was not intended to create or reserve public property rights in the la
Publication Date: 2014-10-10
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta, for appellant.
for defendant: Alixe E. Steinmetz, Atlanta, for appellee.
Case Number: S14A0890
When the Supreme Court reversed the grant of the defendant's motion for a new trial on his convictions for murder and related charges and remitted the case to the tria t, directing that the tri
Publication Date: 2014-10-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Benham, Robert
Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
for defendant: Karl D. Cooke Jr., District Attorney, Sandra G. Matson, Myra H. Tisdale, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
Case Number: S14A0597
Evidence that the defendant threatened the witnesses to his girlfriend's murder if they did not help him dispose of her body authorized the jury to find that the witnesses were not accomplices in an
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