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  • Young v. State

    Publication Date: 2012-10-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Phillips Phillips & Sellers LLP, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine R. Thrower, Assistant Attorney General, Atlanta, and David R. Helmick Waldrep, Mullin, & Callahan, Columbus, for appellee.
    Case Number: S12A1403

    The Supreme Court vacated the defendant's separate convi and sentence for burglary because it served as the predicate offense for his felony murder convi

  • Northway v. Allen

    Publication Date: 2012-06-22
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles S. Herman Bignault & Carter, Savannah, for appellant.
    for defendant: Richard R. Rafter Ratchford & Rafter LLP, Claude M. Kicklighter Jr., Springfield, and Andrea A. Smart, Rincon, for appellees.
    Case Number: S12A0492

    The city council failed to state a claim for relief in its petition to remove an elected mayor from o

  • Robbins d/b/a Supermarket Specialty Products v. Supermarket Equip. Sales LLC

    Publication Date: 2012-02-10
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S11A1435; S11A1583

    The trial court undermined the exclusivity of the Georgia Trade Secrets Act GTSA by providing the appellee the same relief based on the same conduct under O.C.G.A. § 9-5-1 after finding that the mis

  • Glenn v. State

    Publication Date: 2011-02-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason W. Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S10A1378

    Evidence, including the victim's DNA in blood found on the defendant's boots, the headboard of the defendant's bed and a napkin recovered from the trunk of his car, supported the defendant's convict

  • Skaliy v. Metts

    Publication Date: 2010-10-01
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Troy A. Lanier Tucker, Everitt, Long, Brewton & Lanier, Augusta, and Gary J. Toman Nations Toman & McKnight LLP, Atlanta, for appellant. Ziva P. Bruckner Capers, Dunbar, Sanders & Bruckner, Barry A. Fleming and Frank A. Nelson Fulcher Hagler LLP, Augusta, for appellees.
    for defendant:
    Case Number: S10A0881

    Since the non-resident defendant was not a resident of the county where the suit was filed and the appellee did not seek equitable relief common to both the resident and non-resident defendants, the

  • Adams v. State

    Publication Date: 2010-02-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David Walker, Swainsboro, for appellant.
    for defendant: William Askew, District Attorney, Samuel Altman District Attorney's Office, Swainsboro, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1998

    Absent a showing of prejudice, there is no reversible error, if the trial court gives the petit jury oath after the opening of evidence, but prior to the jury's delibera

  • Allen v. State

    Publication Date: 2010-02-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Emory B. Bazemore, Tybee Island, and Richard M. Darden, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Christine S. Barker, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Christopher R. Johnson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1800

    Confinement, as it relates to the 10-year limitation period for impeaching a witness with a prior felony conviction, does not include that portion of a sentence served while on probation or p

  • Allen v. State

    Publication Date: 2009-11-20
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: S08G1733

    The defendant's August 2001 convictions could not be used as proof of a prior felony conviction under OCGA § 16-10-52, since neither those convictions, nor their pre-conviction charges, were the fel

  • Goddard v. City of Albany

    Publication Date: 2009-10-30
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Maurice L. King Jr., Albany, for appellant.
    for defendant: Donald A. Sweat and Kimberly A. Reid Gardner, Willis, Sweat & Goldsmith, Albany, for appellee.
    Case Number: S09A1102

    The appellant had no right to notice and a hearing prior to her termin

  • 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