• Stewart v. State

    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

  • State v. Sims

    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

  • February 2, 2015 | Daily Report Online

    Justices Reject State's Bid to Save Murder Conviction on Issue of Defendant's Silence

    A trial judge was right to give a murder defendant a new trial because his lawyer should have objected to a prosecutor's comments to jurors that the defendant failed to call police to re

    1 minute read

  • February 2, 2015 | Daily Report Online

    Justices Reject State's Bid to Save Murder Conviction on Issue of Defendant's Silence

    A trial judge was right to give a murder defendant a new trial because his lawyer should have objected to a prosecutor's comments to jurors that the defendant failed to call police to report that he'd shot a man, the Georgia Supreme Court ruled on Monday.

    1 minute read

  • Grissom v. State

    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

  • McNeely v. State

    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

  • Turner v. State

    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

  • December 17, 2014 |

    Taylor Morrison Servs., Inc. v. HDI-Gerling Am. Ins. Co.

    Click Here for FC&S Legal Expert Analysis Taylor Morrison Servs., Inc.v.HDI-Gerling Am. Ins. Co.293 Ga. 456Supreme Court of Georgia.TAYLOR MORRISON…

    1 minute read

  • Charales v. State

    Publication Date: 2014-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James Sullivan Chestney Law Firm, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.

    Case Number: A14A1040

    The State failed to prove that the Atlanta Police Department's checkpoint program as a whole had an appropriate primary purpose and the trial court therefore erred in denying the defendant's motion

  • Lejeune v. McLaughlin

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm LLC, Atlanta, for appellant.
    for defendant: 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. Amicus Appellee: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta.

    Case Number: S14A1155

    In habeas cases, the petitioner bears the burden of proving that his guilty plea was not voluntary, knowing and intelligent; the Supreme Court overruled Purvis v. Connell, 227 Ga. 764 1971, and its