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  • Foster v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    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

  • Davis v. State

    Publication Date: 2012-03-02
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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

  • Alvelo v. State

    Publication Date: 2012-03-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Julayaun M. Waters, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1979

    The defendant's conviction for the aggravated assault of one of his roommates merged into his conviction for the roommate's murder, as the pathologist testified that the victim died from multiple sh

  • Ford a/k/a Beebe1 v. State

    Publication Date: 2011-11-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sheila E. Gallow, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: S11A0909

    The trial court did not abuse its discretion in overruling the defendant's objections to certain testimony on re-direct, as defense counsel impeached the witness on cross-examination, the state was

  • Powell v. State

    Publication Date: 2011-10-28
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant. Julia A. F. Slater, District Attorney, Crawford L. Seals, Kim B. Hoffman, Assistant District Attorneys, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1842

    The evidence did not support the defendant's conviction for aggravated battery, because no evidence showed that the victim was alive when the defendant poured muriatic acid on her face and

  • Tatis v. State

    Publication Date: 2011-10-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: L. David Wolfe and Joshua L. Brownlee Law Offices of L. David Wolfe PC, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Christopher M. Quinn, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A1540

    The defendant was in confinement during his hospital stay, where he was handcuffed to hospital beds and guarded by sheriff's deputies for purposes of his motion for bond filed pursuant to O.C.G.A. §

  • DeLeon v. State

    Publication Date: 2011-10-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jennifer A. Trieshmann, Atlanta, for appellant. James B. Smith, District Attorney, Robin R. Riggs, Assistant District Attorney, Winder, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S11A0939

    The Court vacated the defendant's 5-year probated sentence for felony tampering with evidence, as his act of throwing the murder weapon away constituted tampering with evidence in his own case and n

  • Glass v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Raina J. Nadler, Roswell, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1031

    Eyewitnesses identified the defendant as the man who fatally shot one victim as she stood on the front porch of a friend's

  • Collins v. State

    Publication Date: 2011-09-23
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A0759

    Although the prosecutor's question to t endant on cross-examination as to why he did not turn himself in to police earlier was improper, reversal was not warranted because the evidence against

  • Rafi v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elizabeth V. Rogan, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy Assistant District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1114

    The state did not violate the defendant's constitutional right to a speedy trial, despite the presumptively prejudicial 9-year delay between his arrest and trial, because the delay was primarily due