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  • Preston v. State

    Publication Date: 2007-07-06
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Daniel J. Quinn, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0371

    The interrogating officer's discussion of death penalty and life without parole and the officer's statement that the district attorney based charges brought on a recommendation from police amounted

  • Footstar v. Liberty Mut. Ins. Co.

    Publication Date: 2006-12-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert K. Hardeman and Edwin G. Russell Jr. Shivers & Assocs., Alpharetta, for appellant.
    for defendant: . Edward E. Boshears, Brunswick, and Bert J. Slotkin Richter, Head, Shinall & White LLP, Atlanta, for appellees.
    Case Number: S06G0125

    The change in condition statute, O.C.G.A. § 34-9-104, applied to an employee's 1999 on-the-job injury, even though she received only medical benefits until January 2002, when she was unable to conti

  • Mobley v. Jackson Chapel Church a/k/a Jackson Chapel United Methodist Church

    Publication Date: 2006-10-27
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John R. McCown, Jeffrey N. Woodard and Stephen B. Farrow Minor, Bell & Neal, Dalton, for appellant.
    for defendant: . Ivy S. Duggan Brinson, Askew, Berry, Seigler, Richardson & Davis, and Frank H. Jones, Rome, for appellee.
    Case Number: S06A1407

    The plaintiff acquired adverse possession over the disputed property by using it for church purposes, including a cemetery, for over 20

  • Amin v. Guruom Inc.

    Publication Date: 2006-08-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Martin A. Shelton and Holly P. Cole Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: . F. Edwin Hallman Jr. and Harry K. Buttermore III Decker, Hallman, Barber & Briggs, Atlanta, for appellee.
    Case Number: S06A0307

    After execution of deed containing mistaken description, a grantor may seek reformation against a grantee of the grantor's grantee who took under same mistake as long as the grantee does not extend

  • Baker v. State

    Publication Date: 2006-08-04
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. David Tucker, Valdosta, for appellant.
    for defendant: Sandra K. Guest, Solicitor General, Valdosta, for appellee.
    Case Number: S06A0500

    O.C.G.A. § 16-5-60 b gives a person fair notice that it prohibits leaving one's infant and toddler children unsupervised on the upper floor of a 2-story home that is not equipped with any device to

  • Amin v. Guruom Inc.

    Publication Date: 2006-06-30
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Martin A. Shelton and Holly P. Cole Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: . F. Edwin Hallman Jr. and Harry K. Buttermore III Decker, Hallman, Barber & Briggs, Atlanta, for appellee.
    Case Number: S06A0307

    The unambiguous deeds recorded in the clerk's office showed that the parties each owned a half-interest in the undeveloped lot at issue and there was no evidence of a mutual mi

  • Quedens v. State

    Publication Date: 2006-04-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerald P. Word Word & Taylor PC and Jerry F. Pittman, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Stephen M. Gray, Assistant District Attorney, LaGrange, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S06A0070

    The trial court properly admitted a videotaped conversation between the defendant and an investigating officer from sheriff's department, since the defendant initiated conversation and persisted in

  • Harris v. State

    Publication Date: 2006-03-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James D. Michael Blend & Michael LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, and Julie A. Adams, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1519

    The trial court did not err in refusing to give t endant's requested charge on voluntary manslaughter where t endant shot the victim in the back one month after the victim and others beat

  • Tennille v. State

    Publication Date: 2005-12-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ernie M. Sheffield, Bainbridge, and Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and J. Brown Moseley, District Attorneys, Bainbridge, for appellee.
    Case Number: S05A0927

    The defendant lacked standing to challenge the constitutionality of O.C.G.A. § 16-12-100 because he failed to show that the statute adversely impacted his r

  • Belmar v. State

    Publication Date: 2005-11-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Robert M. Coker and Sheila A. Connors, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Robin J. Leigh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S05A1564

    The defendant admitted to his girlfriend that he shot and killed a man and left his body in a school parkin