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  • Buckner v. Buckner

    Publication Date: 2014-03-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Candace E. Rader, Carrollton, and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: Bryan R. Howard and Edward T. Murray Howard Law Group, Douglasville, for appellee.
    Case Number: S13F1561

    The trial court abused its discretion in denying the wife's motion to set aside a Consent Final Judgment and Decree entered in the parties' divorce action, as the husband's counsel presented this o

  • Wilbros LLC v. State

    Publication Date: 2014-03-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Douglas W. McDonald Jr. McDonald & Cody LLC, Cornelia, for appellant.
    for defendant: Dan T. Pressley Sr., Toccoa, for appellees.
    Case Number: S13A1410

    A corporation is entitled to assert double jeopardy protection under both the United States and Georgia Constitu

  • Daker v. Humphrey

    Publication Date: 2014-02-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S13A1368

    The defendant's mandamus petition did not show a complete absence of any justiciable issue of law or fact such that the trial court could not grant any relief, since the defendant had several matter

  • Barge v. State

    Publication Date: 2014-02-27
    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, Dorothy V. Hull, Jason M. Wilbanks, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1687

    The murder defe failed to show that the jury was confused by the trial court's refusal to sever his trial from that of a co-defe

  • Givens v. State

    Publication Date: 2013-11-27
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, 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: S13A1016

    The Supreme Court affirmed the defendant's malice murder conviction, but vacated the life sentences imposed on 9 counts against him, since the charges of felony murder were vacated as a matter of la

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • O'Donnell v. Smith

    Publication Date: 2013-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Rodney S. Zell Zell & Zell PC, Atlanta, for appellee.
    Case Number: S13A0783

    The habeas court erred in considering the affidavit of an alternate juror who replaced another juror during deliberations, as it did not provide evidentiary support for the defendant's ineffective a

  • Crowder v. State

    Publication Date: 2013-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Patrick R. Sullivan and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Elizabeth K. Grofic District Attorney's Office, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0961

    Evidence of an allegation that the defendant sexually molested his young cousin was properly admitted at his murder trial, since it was relevant to explain the escalating tension between the defend

  • Browder v. State

    Publication Date: 2013-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John K. Gross, Metter, and Glen A. Cheney, Reidsville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Melissa L. Poole, Joe G. Skeens, Assistant District Attorneys, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1187

    Defense counsel was not deficient for strategically deciding not to raise a Bruton objection to the co-defendant's out-of-court statement, which counsel thought was beneficial to a self-defense

  • Benchmark Builders Inc. v. Schultz

    Publication Date: 2013-11-07
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. E. Bo Adams Varner & Adams PC, Warner Robins, for appellant.
    for defendant: . J. Wayne Crowley Bush, Crowley & Leverett LLP, Macon, for appellees.
    Case Number: S12G1256

    The parties' contract allowed for an award of attorneys' fees to the defendants even though they recovered no monetary damages or other r

  • Brett v. State

    Publication Date: 2013-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James C. Bonner Jr., Kevin A. Anderson, and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Stephen A. Bradley, Chief Assistant District Attorney, Milledgeville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0701

    The defendant fatally shot the victim after locating him and confronting him about the death of a dog in the victim's