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  • Young v. Williams

    Publication Date: 2002-03-22
    Practice Area:
    Industry:
    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

  • Heard v. State

    Publication Date: 2001-09-28
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Angel Wheeler, Senior Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A0636

    O.C.G.A. § 5-6-38 requires a trial court order granting, denying, or otherwise finally disposing of a party's motion for a new trial in order to extend the time for filing a notice of a

  • Brown v. State

    Publication Date: 2001-07-13
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: S00G1809

    Police report narratives are not admissible under the business re exception to the hearsay rule because they do not have the inherent reliability of other traditional business re

  • Johnson v. Griffin

    Publication Date: 2001-01-19
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Allen M. Griffin, Hardwick, proceeded pro se.
    Case Number: S00A1860

    Defendant's arising from the parole board's determination that he was no longer eligible for parole was not a cognizable habeas

  • Drake v. State

    Publication Date: 2000-10-06
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    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

  • Klink v. State

    Publication Date: 2000-06-09
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S00A0503, S00A0874

    The fact that the legislature included a warning in O.C.G.A. § 52-7-12.5's implied consent notice to boaters that chemical test results may be used against them at trial does not mean that the absen

  • Wilson v. State

    Publication Date: 2000-02-18
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John H. Bradley Waddell, Emerson & Buice and Jon P. Carr, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Thurbert E. Baker, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Patricia B. A. Burton, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joseph L. Chambers Sr. Prosecuting Attorney's Council of Ga., Smyrna, Jeffrey Ertel Georgia Resource Ctr. and Michael Mears, MultiCounty Public Defender, Atlanta.
    Case Number: S99P0651

    Prospective juror who was formerly a defense attorney and stated that 99.9 percent of all defendants are guilty did not have to be removed for cause since he stated he believed he could render a fai