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  • Flowers v. State

    Publication Date: 2012-06-08
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0155

    The trial court did not err in refusing to give the defendant's requested charge on mere presence, since the evidence showed that he pointed the gun at the victim and shot him during an argument ove

  • Appleton v. Alcorn

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Hungeling, Atlanta, for appellant.
    for defendant: Mark B. Bullman Glaser Currie & Bullman LLP, Atlanta, for appellees.
    Case Number: S11G1145

    ERISA does not preempt state law claims against the beneficiary of funds already distributed from an ERISA

  • Viskup v. Viskup

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles G. Harbin Jr., Marietta, for appellant.
    for defendant: Roger M. Johnson and Jennifer S. Gill Bray & Johnson, Canton, for appellee.
    Case Number: S12A0276

    Evidence supported the trial court's determination that venue was proper in the county where the mother filed her petition for modification of child custody, as the father did not change his county

  • Williams v. State

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0594

    The trial court did not violate the defendant's due process rights in sentencing him to life without parole on his malice murder conviction under the current form of O.C.G.A. §16-5-1 d, which provid

  • Tampa Inv. Group Inc. v. Branch Banking and Trust Co. Inc.

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: John D. Dalbey, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever LLP, Eugenia W. Iredale and Steven M. Kushner Fellows LaBriola LLP, Atlanta, for appellant.
    for defendant: . Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: S11G1728; S11G1729

    Although the guaranties at issue did not individually and specifically identify the debt guaranteed, the plain meaning of their language showed that the obligations had no temporal limitation and ap

  • Walker v. State

    Publication Date: 2012-03-23
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    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha

  • Giles v. Swimmer

    Publication Date: 2012-03-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tom W. Daniel Daniel, Lawson, Tuggle & Jerles LLP, Hiawassee, for appellant.
    for defendant: . Richard W. Calhoun Brock, Clay, Calhoun & Rogers LLC, Marietta, Harold D. Ehrman, Tucker, Constance M. Ewing and Nancy H. Baughan Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellees.
    Case Number: S11A1371

    No basis for including the bank in the quiet title action remained after the trial court struck the bank's affidavit and termination from the county's deed re

  • Foster v. State

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael H. Saul, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Jesse D. Evans, Deputy Chief Assistant District Attorney, John R. Edwards, Amelia G. Pray, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1910

    Judicial comments ' "limited to a clarification of procedures and which do not address the credibility of witnesses or any fact at issue in the trial" ' do not violate O.C.G.A. § 17-8-57's prohibiti

  • Tate v. Howerton

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Andrew W. Mahler Mercer Law Sch., Macon, J. Scott Key, McDonough, William E. Hoffmann Jr., Darrick L. McDuffie King & Spalding LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0087

    The state conceded that the habeas court failed to address the defendant's claims of ineffective assistance of co

  • Davis v. State

    Publication Date: 2012-03-02
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bernadette C. Crucilla Crucilla Law Firm, Macon, for appellant.
    for defendant: Gregory W. Winters, District Attorney, Sandra G. Matson, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1883

    The defendant stabbed the victim to death following an altercation at a 2008 Thanksgiving d