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  • Meade v. Williamson

    Publication Date: 2013-06-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ronald B. Warren, Christopher K. Rodd, and Malia Phillips-Lee Whitehurst, Blackburn & Warren, Thomasville, for appellant.
    for defendant: James M. Skipper Jr. Gatewood, Skipper & Rambo, Americus, for appellee. Other party representation: Franklin T. Coleman IV Perry & Walters LLP, Albany.
    Case Number: S13A0517

    The trial court erred in declaring a run-off ele for Sheriff invalid and ordering a new ele

  • Sessions v. State

    Publication Date: 2013-05-23
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Matthew Breedon, Chief Assistant District Attorney, Tracia M. King, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0041

    The defendant was collaterally estopped from re-litigating the merits of his ineffective assistance of counsel claim in a motion for out-of-time a

  • McKay v. State

    Publication Date: 2013-05-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Lew S. Barrow, Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0346

    Trial counsel was not deficient for failing to present evidence that two other individuals had allegedly confessed to the murder for which the defendant was charged, since his trial strategy was to

  • Burgess v. State

    Publication Date: 2013-05-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven M. Frey, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Decatur, Luana P. Nolin, Billy J. Dixon, Assistant District Attorneys, Jonesboro, 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: S13A0114

    In a case involving a deadly drive-by shooting, the State's witness was properly qualified as an expert in gang identity and investigation prior to his testimony regarding the defendant's involveme

  • Choisnet v. State

    Publication Date: 2013-05-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Shalena C. Jones, Assistant District Attorney, Savannah, 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: S13A0810

    The trial court failed to apply the appropriate legal standard of review in ruling on the defendant's amended motion for new trial after he was convicted of murdering his father, and failed to apply

  • Thornton v. State

    Publication Date: 2013-04-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill LLC, Norcross, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, 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 appellee.
    Case Number: S13A0683

    The Court reversed the defendant's conviction for theft by receiving a stolen gun, as the State established that the gun was stolen 29 months earlier, but failed to present evidence that the defenda

  • Jackson v. State

    Publication Date: 2013-03-28
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A2083

    The evidence supported the defendant's convictions arising from the shooting of his girlfriend and the burning of her body inside her vehicle to conceal her

  • Jones v. State

    Publication Date: 2013-03-20
    Practice Area:
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    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Verna L. Smith, Dublin, for appellant.
    for defendant: Louis C. Fraser, District Attorney, Robert B. Faircloth, Assistant District Attorney, Dublin, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine T. Parvis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1759

    Since the felony murder of which the defendant was convicted was premised on child cruelty, those charges merged and the defendant's conviction and sentence for child cruelty was va

  • In the Interest of W. L. H.

    Publication Date: 2013-03-07
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    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Lori B. Duff, Loganville, for appellant.
    for defendant: Amicus Appellant: Nathan A. Hayes, Coy J. Johnson Jr., Willie J. Lovett Jr. Office of the Child Attorney, Miles J. Alexander Kilpatrick Townsend & Stockton LLP, Kirsten L. Widner, Melissa D. Carter Emory University School of Law, Michael A. Caplan Bondurant, Mixson & Elmore LLP, Angela T. Tyner Georgia CASA, Atlanta, Jane G. Okrasinski, Athens, Aimee E. Stowe DeKalb Cnty. Child Advocacy Ctr., Decatur, and J. Richard Hammett Baker & McKenzie, Houston, Texas. Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Dennis R. Dunn, Deputy Attorney General, Calandra A. Harps, Assistant Attorney General, Atlanta, Lee R. Moss Prior Daniel & Wiltshire LLC, Madison, Woodrow W. Ware III, Athens, and Fred R. White, Conyers, for appellee.
    Case Number: S12G1049

    An unemancipated minor child lacks standing to appeal without the aid of a guardian or next f

  • State v. James

    Publication Date: 2013-02-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Raina J. Nadler, Roswell, and Barbara M. Collins, Riverdale, for appellees.
    Case Number: S12A1650

    The trial court erred in granting new trials to the defendants on the special ground that their lack of access to one page of the medical examiner's report was a Brady violation, as the defendants