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  • Berrian v. State

    Publication Date: 2015-10-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James S.V. Weston Trotter Jones LLP, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Titus T. Nichols, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth M. Haase, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0784

    The defendant's own testimony supported an instruction on self-defense, not mutual c and the trial court therefore did not plainly err in failing to charge the jury on mutual c

  • Fulcher v. State

    Publication Date: 2015-10-21
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Walter C. McMillan Jr. and Thomas C. Rawlings McMillan Rawlings LLP, Sandersville, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Benjamin T. Edwards, Assistant District Attorney, Statesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0743

    The evidence supported the defendant's convictions arising out of the shooting death of a man who was having a sexual relationship with the defendant's girlfriend, as the record showed that the day

  • Scott v. Scott

    Publication Date: 2015-10-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jean M. Kutner, Atlanta, H. William Sams Jr., Augusta, and Bree O. Sullivan The Sullivan Firm LLC, Thomasville, for appellant.
    for defendant: Bruce W. Kirbo III, Bainbridge, for appellee.
    Case Number: S15F1079

    The trial court improperly added monthly amounts for gasoline, the use of a house and the power bill to the husband's gross income as fringe benefits of his employment for the purpose of calculatin

  • Powell v. State

    Publication Date: 2015-06-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Earle J. Duncan III, Darien, for William Powell. Samantha F. Jacobs, Jesup, for Sharmilla Powell. Jacquelyn L. Johnson, District Attorney, Woodbine, Andrew J. Ekonomou, Assistant District Attorney, Brunswick, John B. Johnson III, Assistant District Attorney, Jesup, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb Carlock, Copeland, and Stair, Atlanta, for State.
    for defendant:
    Case Number: S15A0600; S15A0601

    The evidence sufficiently supported the husband and wife's various convictions stemming from a deadly armed ro

  • Norred v. State

    Publication Date: 2015-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John W. Donnelly, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, Jon R. Forwood, Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0405

    The evidence supported the verdict finding the defendant guilty but mentally ill after he murdered his sister and attempted to murder an sister and his m

  • Hager v. State

    Publication Date: 2015-05-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael W. Tarleton Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Gerald Mason, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0450

    The victim's dying declarations were properly included in the determination of the sufficiency of the evidence to support the defendant's convictions for murder and other related c

  • Wilson v. State

    Publication Date: 2015-05-18
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Persse Public Defender's Office, Statesboro, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Sandra Dutton, Melissa L. Poole, Assistant District Attorneys, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0340

    The evidence was sufficient to support the defendant's convictions for murder and other crimes related to the death of a child in her

  • McLeod v. State

    Publication Date: 2015-05-15
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Walker Georgia Public Defender Standards Council, Macon, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Bradford L. Rigby, Assistant District Attorney, Cordele, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0370

    There was sufficient evidence demonstrating that the defendant conspired with her boyfriend and his brother to commit felony armed robbery and she was a party to the crimes, including m

  • Price v. State

    Publication Date: 2015-05-15
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James C. Bonner Jr. and Tyler R. Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0299

    The trial court's decision to admit the defendant's custodial statement was not clearly erroneous, since the evidence supported a finding that his confession was volu

  • Freeman v. State

    Publication Date: 2015-04-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Anthony L. Freeman, Unadilla, proceeded pro se. Scott L. Ballard, District Attorney, Fayetteville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Meghan H. Hill, Assistant Attorney General, Atlanta, and Robert W. Smith Jr. Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.
    for defendant:
    Case Number: S15A0316

    The trial court properly denied the defendant's motion for leave to file an out-of-time appeal, which he filed over 18 years after the entry of his guilty