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  • Carter v. State

    Publication Date: 2001-02-02
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Charles M. Stines, Assistant District Attorney, Bainbridge, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2062

    Trial court's statement to jury during deliberations that defendant would not be retried if the jury did not reach a verdict warranted a new

  • Norwood v. State

    Publication Date: 2001-02-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William D. Phillips, Macon, for appellant.
    for defendant: Charles H. Weston, District Attorney, Myra H. Kline, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Atlanta, for appellee.
    Case Number: S00A1626

    Defendant was not entitled to a new trial based on an affidavit that impeached a witness's test

  • Alexis v. State

    Publication Date: 2001-02-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James J. Lacy Drew, Eckl & Farnham and John T. Chason, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1909

    Defendant was not entitled to a charge on voluntary manslaughter because there was no evidence of provocation and pa

  • Chapman v. State

    Publication Date: 2001-02-02
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1501

    Defense counsel's str in pursuing a guilty but mentally ill verdict to avoid a death sentence was a legitimate trial str

  • Watkins v. State

    Publication Date: 2001-01-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William C. Puckett Jr., Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1560

    Erroneous admission of hearsay evidence to explain investigating officer's conduct in trying to find alleged shooter who was with defendant at the time of the crimes was harmless because defendant

  • Johnson v. Griffin

    Publication Date: 2001-01-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Allen M. Griffin, Hardwick, proceeded pro se.
    Case Number: S00A1860

    Defendant's arising from the parole board's determination that he was no longer eligible for parole was not a cognizable habeas

  • Farrier v. State

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Robert E. Statham III, Kristin L. Wood, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1526

    Any error in the trial court's charge on possession of a firearm by a first offender as a predicate to felony m was moot because defendant was convicted of malice m

  • Potter v. State

    Publication Date: 2001-01-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Orin L. Alexis, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Jon Hope, Assistant District Attorney, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A2085

    Defendant's convictions for felony murder and a firearms offense are reaffirmed as the evidence supported the trial court's determination that defendant's ineffective assistance of counsel claim was

  • Collins v. State

    Publication Date: 2000-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Farnham, Social Circle, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wylencia H. Monroe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1376

    Defendant's letters to his accomplice while they were in jail on murder charges were admissible to show that they were attempting to conceal the

  • Lucas v. State

    Publication Date: 2000-11-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John B. Sumner, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, Canton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1231

    A reasonable officer would have understood that the defendant was invoking his right to counsel when he told the officer that his attorney told him not to say any