Filter This View

  • Old South Duck Tours v. Mayor & Aldermen of the City of Savannah

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Bruce E. Mitchell, Alison K. Arce Mitchell & Assocs., Atlanta, and Edwin W. King Jr., Savannah, for appellant.
    for defendant: . James B. Blackburn, City Attorney, Peter A. Giusti Wiseman, Blackburn & Futrell and Abda L. Quillian Quillian, Loncon & Edwards LLP, Savannah, for appellee.
    Case Number: S00A1107

    City ordinances prohibiting the use of amphibious tour vehicles in the city's historic district fall within the constitutional exception authorizing local governments to exercise their police p

  • Wynn v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John C. Culp Culp & Smith, Roswell, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, 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: S00A0972

    Defendant could not impeach the state's witness with a prior inconsistent statement that was not relevant to defendant's

  • Moore v. State

    Publication Date: 2000-10-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Christopher W. Willis Turner & Willis PC, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, John A. Warr, Assistant District Attorney, Gainesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and W. Swain Wood Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S00A0926

    The defendant's subsequent assault on a co-worker with a blunt object found on construction sites where they worked was sufficiently similar to the victim's m

  • Drake v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Penny D. Furr, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, George W.K. Snyder, Assistant District Attorney, Thurbert E. Baker, Attorney General and Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0699

    The trial court correctly recharged the jury after erroneously charging that the jury could not consider voluntary manslaughter until after it ruled out malice and felony m

  • Taylor v. State

    Publication Date: 2000-09-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William T. Hankins III, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara D. Conroy, Assistant District Attorney, Decatur, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Adam M. Hames, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A1025

    The defendant was not entitled to a jury instruction on identity since the state did not rely on eyewitness testimony to connect him to the c

  • Pickren v. State

    Publication Date: 2000-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Michael Treadaway, Marietta, for appellant.
    for defendant: Roger G. Queen, District Attorney, Ellijay, Thurbert E. Baker, Attorney General, Mary B. Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0108

    The fatally-wounded deputy sheriff's bloodstained uniform was relevant to show that the defendant knew he was firing a weapon at a peace of

  • Farley v. State

    Publication Date: 2000-06-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jason K. Hoffman Benson, Phillips & Hoffman PC, Tifton, for appellant.
    for defendant: C. Paul Bowden, District Attorney, Holli G. Martin, Assistant District Attorney, Tifton, Thurbert E. Baker, Attorney General, Andrea S. Hirsch and Christopher S. Brasher, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S00A0536

    The legislature did not violate equal protection by requiring seat belt use by occupants of passenger vehicles but not adult occupants of pickup t

  • Jordan v. State

    Publication Date: 2000-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lloyd D. Murray Lloyd D. Murray & Assocs., Pembroke, for appellant.
    for defendant: J. Thomas Durden Jr., District Attorney, Hinesville, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Wesley S. Wood, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0513

    Because he was guilty of the victim's murder as a party to the crime, the defendant could not be an accessory after the fact for helping to bury the victim's

  • Mack v. State

    Publication Date: 2000-05-12
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael G. Schiavone Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Ronald M. Adams, Assistant District Attorney, Savannah, Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S00A0143

    Victim's taunting defendant by calling him names and comparing his sexual physique to another man's did not justify reducing a murder charge to voluntary manslaughter in the absence of evidence that

  • Monroe v. State

    Publication Date: 2000-03-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Waldrop Gentry & Waldrop, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Nancy N. Bills, Assistant District Attorney, Conyers, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and H. Maddox Kilgore, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S99A1771

    Evidence that the defendant threatened to kill the victim after she ended their 20-year relationship and that the bloodstains on his jacket matched her DNA was so overwhelming that it overcame the t