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  • State v. Pittmon

    Publication Date: 2002-04-26
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor General, and Gary S. Vey, Assistant Solicitor General, Lawrenceville, for appellant.
    for defendant: Wystan B. Getz Clark & Towne, and W. Keith Davidson, Lawrenceville, for appellee.
    Case Number: S02A0691

    O.C.G.A. § 40-6-391 a 2 does not violate the equal protection clauses of the United States or Georgia Constitutions by affording disparate treatment for drivers ed under that statute and driver

  • Young v. Williams

    Publication Date: 2002-03-22
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Chambless, Dawn G. Benson and Charles K. Wainright II Watson, Spence, Lowe & Chambless LLP, Albany, for appellant.
    for defendant: . Frank J. Klosik Jr. and Robert J. McCune Greer, Klosik & Daugherty, Atlanta, for appellee. Neutral Amicus Representation: Antoinette D. Johnson Smolar & Assocs., Atlanta. Amicus Appellant: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, David A. Cook, William T. Clark, Atlanta, Temple Sellers, Decatur, and Marilyn J. Allen, Marietta.
    Case Number: S01G0589

    The 2-year statute of limitation for medical malpractice claims does not provide for the commencement of the limitation period upon the termination of a health care provider's treatment of a p

  • Lane v. State

    Publication Date: 2002-02-15
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jacqueline J. Herring Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn and Robert C. McBurney, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: S01G0976

    Defendant did not lose the right to open and close arguments when his co-defendant's counsel had an officer on cross-examination read a portion of his testimony from a preliminary hearing for impeac

  • Hamilton v. State

    Publication Date: 2001-12-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert A. Maxwell, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: S01A0593

    The trial court did not err in allowing defense counsel to inquire on voir dire whether any of the jurors had been affected by the pretrial publicity on the O. J. Simpson

  • Brown v. State

    Publication Date: 2001-09-28
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael G. Lambros Ekonomou, Atkinson & Lambros LLC, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Alan A. Cook, Assistant District Attorney, Covington, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0651

    Defendant was not entitled to a mistrial after the state failed to produce a witness's statement regarding her telephone conversation with defendant because he failed to opt-in to the reciprocal di

  • Miller v. State

    Publication Date: 2001-05-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jeffrey W. Cofer, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0750

    The conflicting testimony of several witnesses with regard to the number, gender and identity of persons gathered with defendant at the time of the shooting was a matter of credibility for the jury

  • Baker v. State

    Publication Date: 2001-05-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: LeRoy K. Baker Jr., Abbeville, for appellant.
    for defendant: John G. Conger, District Attorney, Roger H. Anderson, Assistant District Attorney, Columbus, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Daniel G. Ashburn, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0597

    Defense counsel was not ineffective for failing to inform defendant of his right to appeal his sentence on his guilty pleas to malice murder and armed robbery since defendant expressly waiving that

  • Motley v. State

    Publication Date: 2001-05-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David S. Herndon Kirbo & Herndon, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, Marsha G. Boniface, Andrew W. Pope, Assistant District Attorneys, Moultrie, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0020

    Defendant's affirmative nod on the record to questions about whether he understood his right to remain silent and the legal presumption of innocence supported the trial court's acceptance of his gui

  • Hammond v. State

    Publication Date: 2001-03-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1792

    The trial court was authorized to pose general voir dire questions to prospective jurors en masse, rather than while they were seated in the jury box in panels of t

  • Turner v. State

    Publication Date: 2001-02-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lindsey H. Bennett III Bennett & Hamilton, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1418

    The medical examiner properly based his opinion as to the cause of the victim's death of the facts contained in the redacted autopsy report that was prepared by a prior medical examiner who died bef