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  • Maddox v. Maddox

    Publication Date: 2004-11-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellee.
    Case Number: S04F1380

    The evidence of record established the amount paid for three undeveloped lots, which the trial court equitably divided, the pertinent dates for the properties in question, the amount of each down p

  • Moore v. State

    Publication Date: 2004-10-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, Thurbert E. Baker, Attorney General, and Frank M. Gaither Jr., Assistant Attorney General, Atlanta, for appellee.
    Case Number: S04A0703

    Defendant failed to meet his burden of showing ineffectiveness of trial co

  • Rogers v. McGahee

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David S. Walker Jr., Snellville, for appellant.
    for defendant: Allen W. Bodiford and Martin C. Jones, Stockbridge, for appellee.
    Case Number: S04A0689

    Debts which are in the nature of alimony, support or maintenance are not dischargeable in bankruptcy under 11 U.S.C.A. §52

  • State v. Varner

    Publication Date: 2003-12-12
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker and Bret E. Pinion, Assistant District Attorneys, Atlanta, for appellant.
    for defendant: D. Todd Wooten, Atlanta, for appellee.
    Case Number: S03A0936

    The state meets its obligation under the speedy trial demand statute so long as it retries a case that ends in mistrial during the remainder of the term in which the mistrial occurred or, if there a

  • Wilson v. State

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex

  • Fincher v. State

    Publication Date: 2003-03-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gary B. Bunch, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1490

    Defendant's consent to search his home cured any defect in the officers' warrantless entry onto his pro

  • State v. Johnson

    Publication Date: 2003-01-24
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Elberton, Thurbert E. Baker Jr., Attorney General, and Paige R. Whitaker, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Michael C. Garrett Garrett & Gilliard PC, Augusta, Michael M. White Office of the Public Defender, Elberton, Michael M. Mears and Holly L. Geerdes, Multi-County Public Defenders, Atlanta, for appellee.
    Case Number: S02A1330

    The trial court properly sealed the state's l health expert's examination of defendant until such time as he may waive his right against self-incrimination by announcing his intention to presen

  • State v. Vogleson

    Publication Date: 2002-11-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: J. Tom Morgan III, District Attorney, Jennifer M. Daniels, Senior Assistant District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellant.
    for defendant: Sara M. T. Yeager, Ruth L. Rocker and Demetria N. Williams DeKalb County Public Defender's Office, Decatur, for appellee. Amicus Appellee: Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta.
    Case Number: S01G1642

    The trial court violated the defendant's right of confrontation when it refused to allow defense counsel to question defendant's accomplice about the amount of prison time he thought he was avoiding

  • Byelick v. Michel Herbelin USA Inc.

    Publication Date: 2002-10-11
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael B. Butler, Atlanta, for appellant.
    for defendant: Christopher B. Lyman and Susan A. Cahoon Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S02A0761

    The trial court did not abuse its discretion in dissolving an ex parte temporary restraining order barring defendant from interfering in plaintiff's operation of defendant's watch making business wh

  • Young v. Williams

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thomas S. Chambless, Dawn G. Benson and Charles K. Wainright II Watson, Spence, Lowe & Chambless LLP, Albany, for appellant.
    for defendant: . Frank J. Klosik Jr. and Robert J. McCune Greer, Klosik & Daugherty, Atlanta, for appellee. Neutral Amicus Representation: Antoinette D. Johnson Smolar & Assocs., Atlanta. Amicus Appellant: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, David A. Cook, William T. Clark, Atlanta, Temple Sellers, Decatur, and Marilyn J. Allen, Marietta.
    Case Number: S01G0589

    The 2-year statute of limitation for medical malpractice claims does not provide for the commencement of the limitation period upon the termination of a health care provider's treatment of a p