Filter This View

  • Jackson v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Kimberly A. Gallant, Assistant District Attorney, Lawrenceville, 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: S10A1325

    Defense counsel's failure to object to the charge on prior inconsistent statements was not prejudicial in light of the overwhelming evidence of the defendant's

  • Brown v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    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

  • Cooper v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sheueli C. Wang Georgia public Defender Standards Council, Atlanta, for appellant.
    for defendant: James B. Smith, District Attorney, Jefferson, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1053

    The defendant's conviction for evidence tampering with regard to a gun could not stand, since the state did not present any evidence showing what, if anything, the defendant did with the gun, such a

  • Guzman v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Dawn M. Belisle-Skinner, Assistant District Attorney, Jonesboro, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0739

    The state offered race-neutral reasons for its peremptory strikes, including a venire member's prior negative experience with law enforcement and another member's prior convi

  • Demery v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Nicholas G. Dumich, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Benjamin M. First, Amelia G. Pray, John R. Edwards, Assistant District Attorneys, Marietta, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1189

    Battered person syndrome is not a separate defense, but is ' "an evidentiary component of the defense of justificati

  • Williams v. Moody

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellant. J. Scott Key, McDonough, Sarah L. Gerwig-Moore and Dustin B. Weeks Mercer Law School, Macon, for appellee. Amicus appellant: Howard Z. Simms, District Attorney, Macon, and Gary D. Bergman Prosecuting Atty's Council of Ga., Atlanta.
    for defendant:
    Case Number: S10A0103

    The case was remanded for the habeas court to make an analysis as to whether appellate counsel's decision not to raise an ineffectiveness of counsel claim was an unreasonable one, which only an inco

  • Hogsed v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James B. Smith, District Attorney, Jefferson, Robin R. Riggs, Assistant District Attorney, Winder, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A0599

    The defendant fatally shot her unarmed husband in the

  • Armstrong v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, and Brad Gardner, Rex, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Amy E. H. Morelli, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1697

    The state proved venue in DeKalb county through eyewitness testimony and the investigating detectives testimony as to where the fatal shooting took

  • Ball v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Antwann P. Ball, Sparta, proceeded pro se. Tommy K. Floyd, District Attorney, Blair D. Mahaffey, Assistant District Attorney, McDonough, Thurbert E. Baker, Attorney General and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S09A1469

    A petition to vacate a judgment of conviction is not an appropriate remedy in a criminal

  • Rogers v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Corinne M. Mull, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Harold Buckler, Assistant District Attorney, Decatur, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1631

    The 12-month, 10-day delay between defendant's indictment on murder charges and filing of his motion to dismiss was not presumptively prejud