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  • Culpepper v. State

    Publication Date: 2011-09-23
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Richard A. Vandever, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Dana E. Wolk, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1338

    The Court declined to uphold the defendant's aggravated assault conviction based on one of the victim's n al stab wounds, since no evidence showed a deliberate interval between infliction of a

  • City of Atlanta v. Hotels.com

    Publication Date: 2011-05-27
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Wade H. Tomlinson III Pope, McGlamry, Kilpatrick, Morrison & Norwood, Columbus, Michael L. McGlamry, William U. Norwood III, Neal K. Pope, R. Timothy Morrison, Charles N. Pope Pope, McGlamry, Kilpatrick, Morrison & Norwood, Robert M. Travis, Michael P. Carey and John R. Bielema Jr. Bryan Cave Powell Goldstein LLP, Atlanta, for city of Atlanta. Emmett J. Bondurant, Frank M. Lowrey IV Bondurant, Mixon & Elmore LLP, Robin A. Schmahl, Edward K. Smith Jones Day, Brett A. Rogers, Richard H. Sinkfield Rogers & HardinLLP, Atlanta, Mark J. Altschul, Jeffrey Rossman, Elizabeth B. Herrington McDermott, Will & Emery LLP, Chicago, Ill., Brian S. Stagner, Marcus G. Mungioli, Chad Arnette Kelly, Hart & Hallman LLP, Fort Worth, Texas, Deborah S. Sloan, James P. Karen Jones Day, Dallas, Texas, and Karen L. Valihura Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, Del., for Hotels.com. Amicus: David G. Archer Archer & Lovell PC, Cartersville, Robert M. Brinson, Samuel L. Lucas, J. Anderson Davis, Norman S. Fletcher Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, John W. Crongeyer Crongeyer Law Firm PC, Davis W. Davenport, Robert C. Lamar, Keith A. Pittman Lamar, Archer & Cofrin LLP, Kenneth N. Winkler Elarbee, Thompson, Sapp & Wilson LLP, Matthew J. Simmons Nelson, Mullins, Riley & Scarborough LLP, and Kevin A. Ross, Atlanta, and Walter J. Gordon Sr. The Gordon Law Firm, Hartwell.
    for defendant:
    Case Number: S11A0508; S11X0509; S11A0510; S11X0512

    The amount that is taxable pursuant to O.C.G.A. § 48-13-50 et seq.-pertaining to city of Atlanta hotel occupancy taxes-is the retail room rate an online travel company charges its consumers, and not

  • Crowder v. State

    Publication Date: 2011-03-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jennifer F. Arndt, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Layla H. Zon, District Attorney, Monroe, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1711

    Defense counsel misstated the law when he advised the defendant that he would serve probably 20 years or in excess of 20 years when defendant actually was subject to serve a minimum of 30 years befo

  • Gude v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: D. Lowell Thomas and Thomas M. West, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General and Patricia B. A. Burton, Senior Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S10A1748

    Recusal of the judge appointed to hear the state's m to recuse the original trial judge in this case involving murder and other crimes was not warranted on the face of the defendant's m

  • Baptiste v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: David McDade, District Attorney, James A. Dooley, Assistant District Attorney, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A2004

    The trial court did not err in charging the jury on the law of party to a crime, even though there were no co-defendants, since there was slight evidence that another unindicted individual may have

  • Lowe v. State

    Publication Date: 2011-03-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Anne C. Carroll, Thomson, for appellant. Dennis C. Sanders, District Attorney, Durwood R. Davis, Chief Assistant District Attorney, Thomson, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A2033

    The reasonable hypothesis rule applies only when the evidence is entirely circumsta

  • Brewington v. State

    Publication Date: 2011-02-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mawuli M. M. Davis The Davis Bozeman Law Firm PC, Decatur, for Brewington. Katrina L. Breeding, Norcross, for Gary Brown. Lloyd J. Matthews, Jonesboro, for Tyrone Brown. Tracy G. Lawson, District Attorney, Jason B. Green, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1857; S11A0017; S11A0018

    The defendant's right to a speedy trial was not violated, since the reasons for the delay included the actions of his trial counsel and his delay in asserting his right, and he failed to show prejud

  • Glenn v. State

    Publication Date: 2011-02-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason W. Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1378

    Evidence, including the victim's DNA in blood found on the defendant's boots, the headboard of the defendant's bed and a napkin recovered from the trunk of his car, supported the defendant's convict

  • Willis II v. Willis

    Publication Date: 2011-02-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Clyde Dekle III, Atlanta, for Carl J. Willis II. Kimberly S. Willis, Atlanta, proceeded pro se.
    for defendant:
    Case Number: S10F1357; S10F135

    Since the evidence showed that father had ing drugs during the child's lifetime, the trial court did not abuse its discretion in requiring that he be periodically drug t

  • Brown v. State

    Publication Date: 2010-12-31
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John W. Donnelly, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Brian V. Patterson, Assistant District Attorney, Athens, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1280

    The trial court erred in imposing consecutive 10-year sentence for each the defendant's evidence tampering convictions, because the evidence showed that the defendant only tampered with the evidence