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  • Watkins v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brandon Lewis, Norcross, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1894

    The defendant and another man pistol-whipped and robbed two victims of their property, and while pistol whipping one victim, the defendant's .22 caliber gun went off and the bullet fatally wounded t

  • Wright v. State

    Publication Date: 2009-03-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Robert B. Bickerstaff II, Assistant District Attorney, Columbus, Thurbert E. Baker, Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1825

    The trial court properly admitted evidence of a similar transaction concerning the 5-year-old victim's infant brother, who suffered a black eye and cut lip, since the injuries occurred while the inf

  • Matthews v. State

    Publication Date: 2009-02-06
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Robert E. Statham III, Daniel J. Quinn, Assistant District Attorneys, Decatur, Thurbert E. Baker, Attorney General, and Reggie A. Lampkin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S08A1577

    Substantial evidence corroborated the accomplice's testimony that the defendant strangled the victim and stole his ATM card and vehicle, after their romantic relationship

  • Lanier at McEver LP v. Planners and Engineers Collaborative Inc.

    Publication Date: 2008-07-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07G1424

    Public policy did not prohibited the damages limitation clause in the parties' contract, since it constituted an indemnity under O.C.G.A. § 13-8-2 b and would entitle the defendant to reco

  • Granite State Outdoor Advertising Inc. v. City of Roswell

    Publication Date: 2008-03-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1885

    The plaintiff lacked standing to contest provisions of a sign ordinance, which did not cause the plaintiff an injury in

  • Mason v. Home Depot U.S.A. Inc.

    Publication Date: 2008-03-21
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1486

    O.C.G.A. § 24-9-67.1 f of Georgia Tort Reform Act of 2005 "TRA" is not unconstitutional as a delegation of legislative authority and the denial of due pr

  • Eason v. State

    Publication Date: 2008-02-22
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S07A1558

    The defendant fatally shot his 16-year-old girlfriend in the back of her head, while she sat on a loveseat in a home they shared with the defendant's m

  • Lowery v. State

    Publication Date: 2007-06-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: L. David Wolfe, Kathryn A. Westberry and Bruce S. Harvey, Atlanta, for appellant.
    for defendant: Paul Bowden, District Attorney, Tifton, Bradford L. Rigby, Assistant District Attorney, Albany, Thurbert E. Baker, Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S07A0262

    The trial court harmlessly erred in failing to consult with the defendant and his counsel prior to responding to the jury's substantive communic

  • Belmar v. State

    Publication Date: 2005-11-04
    Practice Area:
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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

  • Wimberly v. State

    Publication Date: 2005-02-18
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Randall M. Clark and Bart G. Altman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Charles K. Higgins, Leslie K. DeVooght, Assistant District Attorneys, Brunswick, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S04A1870

    Defendant failed to show how the 38-month delay between his indictment on capital murder charges and his trial was presumptively prejud