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  • Hall v. State

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Cynthia A. Price, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Stephany J. Luttrell, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Mary K. Ware, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1468

    The defendant's convictions for aggravated assault and malice murder did not merge, because separate conduct established each

  • Nelson v. Georgia Sheriffs Youth Homes Inc.

    Publication Date: 2009-12-04
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Carol V. Clark, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Keilani K. Parker, Assistant Attorney General, Atlanta, and Daniel W. Lee, LaGrange, for appellees.
    Case Number: S09A0609

    The Quiet Title Act, which requires the reporting of findi fact takes precedence of the Civil Practice Act, which authorized trial court's to grant summary judgment without setting forth find

  • Nash v. State

    Publication Date: 2009-10-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A0760

    Evidence that the defendant fatally shot the unarmed victim after a verbal argument in the busy parking lot of a local eatery in front of several eyewitnesses supported his murder convi

  • Atlanta Bread Co. Int'l Inc. v. Lupton-Smith

    Publication Date: 2009-07-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David M. Monde, Lucas W. Andrews Jones Day, Atlanta, and Douglas R. Cole, Columbus, Ohio, for appellant.
    for defendant: R. Randy Edwards, Scott A. Cochran Cochran & Edwards LLC, Smyrna, for appellees. Amicus appellant: William K. Whitner, Noelle Aagueux-Alvarez and John G. Parker Paul, Hastings, Janofsky & Walker LLP, Atlanta.
    Case Number: S08G1815

    A restrictive covenant in a franchise agreement was unreasonable as a matter of law, because it contained shifting and expanding territorial restric

  • Expedia Inc. v. City of Columbus

    Publication Date: 2009-06-26
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jerry A. Buchanan, Benjamin A. Land Buchanan & Land LLP, Columbus, Edward K. Smith and Robin A. Schmahl Jones Day, Atlanta, for appellant.
    for defendant: William U. Norwood III, Michael L. McGlamry, Neal K. Pope, Pope, McGlamry, Kilpatrick & Morrison, Robert M. Travis, John R. Bielema Jr. Bryan Cave Powell Goldstein LLP, Atlanta, Charles N. Pope, Wade H. Tomlinson III and Paul Kilpatrick Jr. Pope, McGlamry, Kilpatrick & Morrison, Columbus, for appellee.
    Case Number: S09A0567

    The trial court did not err in basing hotel occupancy taxes, which an on-line travel company owes to the city of Columbus, on the hotel rate it charges to its customers, rather than the lower wholes

  • Phillips v. State

    Publication Date: 2009-04-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, John S. Melvin, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1500

    The defendant took the victim's wallet at gunpoint and then fired several shots into the victim's vehicle, killin

  • Wright v. State

    Publication Date: 2009-03-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Robert B. Bickerstaff II, Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1825

    The trial court properly admitted evidence of a similar transaction concerning the 5-year-old victim's infant brother, who suffered a black eye and cut lip, since the injuries occurred while the inf

  • Ballard v. State

    Publication Date: 2009-02-20
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers, Assistant District Attorney, McDonough, Thurbert E. Baker, Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1720

    Eyewitnesses identified the defendant as the man, who fatally shot one victim and twice shot another, seriously woundin

  • Phillips v. State

    Publication Date: 2009-02-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, John S. Melvin, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sheila E. Gallow, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1500

    The defendant took the victim's wallet at gunpoint and then fired several shots into the victim's vehicle, killin

  • Matthews v. State

    Publication Date: 2009-02-06
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Robert E. Statham III, Daniel J. Quinn, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1577

    Substantial evidence corroborated the accomplice's testimony that the defendant strangled the victim and stole his ATM card and vehicle, after their romantic relationship