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  • Franklin v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Ware v. The State

    Publication Date: 2018-02-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Oliver Jackson Browning, Jr., Ryan Hayes Remsen (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown; Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A1516

    The trial court did not reversibly err in failing to rebuke the prosecutor for comments he made in his closing argument in defendant's murder trial because, in light of the evidence of guilt, it was highly improbable that the comment contributed to the verdict.

  • Hodges v. The State

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Wanda Sherelle Jackson (Wanda S. Jackson, PC), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Louie Craig Fraser, Kelli Maria Adams (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S17A0711

    The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.

  • Cannon v. The State

    Publication Date: 2017-11-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1127

    The evidence supported defendant's convictions for felony murder and aggravated assault after he stabbed a man in the neck in a restaurant because he believed the man owed him money and defendant did not prove his ineffective assistance of counsel claims.

  • Olsen v. The State

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Donald Franklin Samuel, Amanda Rourk Clark Palmer (Garland, Samuel & Loeb, P.C.), Atlanta; Donald C. English (Southern States PBA, Inc.), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Christopher Wells Timmons, Sherry Boston, District Attorney (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1014

    The trial court properly denied defendant's motion to dismiss the indictment against him for felony murder and other charges because the presence of non-lawyer and lawyer spectators during the presentation of evidence to the grand jury did not violate the recognized need for grand jury secrecy or compromise the grand jurys independence from outside influence and defendant failed to show that he was prejudiced by the presence of those individuals.

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  • Parks v. The State

    Publication Date: 2017-11-02
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Genevieve Holmes (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Marc A. Mallon, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1164

    The evidence supported defendant's convictions for murder and other crimes related to the retaliatory shooting death of the victim.

  • Vargo v. Adams

    Publication Date: 2017-10-30
    Practice Area: Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Richard Scott Alembik (Richard S. Alembik P C.), Decatur, for appellant.
    for defendant: Wanda L. Barnett (Wanda L. Barnett & Associates PC), Jefferson; John Davidson Russell (Russell & Mingledorff), Winder; Susan Buerkert Shaw, Lori L. McGowan (RCO Legal P S.), Atlanta; David Felts Ellison (Cowsert Heath LLP), Athens, for appellee.
    Case Number: S17A1302

    The trial court properly denied appellant's petition for equitable partition of real property he held with his former girlfriend as joint tenants with the right of survivorship because equitable partition is not available to unmarried parties who own property as joint tenants with the right of survivorship.

  • Taylor v. The State

    Publication Date: 2017-10-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Larry L. Duttweiler, Gainseville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Lee Darragh, Wanda Lynn Vance (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A1033

    In defendant's murder trial, the trial court did not abuse its discretion in allowing State to cross-examine defendant about an altercation with his girlfriend that resulted in the girlfriend kicking him out of her car because he punched her in the face, as defendant had testified dishonestly about the reasons why his girlfriend kicked him out of her car and so the evidence was admissible for impeachment purposes.

  • Moran v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A0967

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in admitting photographs of text messages on defendant's cell phone, as defendant had executed a Fourth Amendment waiver as a condition of her probation for other crimes and there was reasonable suspicion that defendant was involved in a murder.

  • Ross v. Ross

    Publication Date: 2017-10-04
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Jason G. Smith (Attorney at Law), Newnan, for appellant.
    for defendant: Patrick Joseph Fox (McNally, Fox, Grant & Davenport, P.C.), Fayetteville, for appellee.
    Case Number: S17A0799

    The trial court erred in finding that it had jurisdiction to modify a Connecticut child support order as Connecticut had continuing, exclusive jurisdiction over the child support order because husband was still a resident of Connecticut and neither party had provided written consent for a Georgia tribunal to exercise jurisdiction over the matter.