Filter This View

  • Smith v. State

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & McFarland, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, James A. Dunn, Assistant District Attorney, Cumming, 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: S14A1103

    The evidence did not support a jury charge on accident, since the defendant never admitted starting the house fire that killed her hu

  • Slaton v. State

    Publication Date: 2014-11-07
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1156

    The defendant's conduct before, during and after a fatal shooting in which he advised, encouraged and counseled a co-indictee to come rescue him "with guns blazing" authorized the jury to find him g

  • Browner v. State

    Publication Date: 2014-11-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: K. David Cooke Jr., District Attorney, Shelley T. Milton, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1689

    The trial court properly admitted into evidence four photographs of the murder victim's body to show the nature and extent of the victim's fatal gunshot w

  • Levin v. Morales

    Publication Date: 2014-10-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki S. Bass, Assistant Attorney General, Atlanta, and Daniel M. King Jr. King Law Group, Dublin, for appellee.
    Case Number: S14A0691

    The habeas court erred in denying the petitioner's challenge to his conviction for kidnapping with bodily injury, as the evidence was insufficient to establish the element of asportation in accordan

  • Miller v. State

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: Karl D. Cooke Jr., District Attorney, Sandra G. Matson, Myra H. Tisdale, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A0597

    Evidence that the defendant threatened the witnesses to his girlfriend's murder if they did not help him dispose of her body authorized the jury to find that the witnesses were not accomplices in an

  • Gill v. State

    Publication Date: 2014-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Chaunda Brock C.F. Brock & Associates LLC, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, 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: S14A0962

    The evidence supported the defendant's convictions arising from the shooting of a security guard at a strip

  • Dupree v. State

    Publication Date: 2014-09-24
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Green B. Moore III Public Defender's Office, Gray, for appellant.
    for defendant: Louis C. Fraser, District Attorney, Cheryl A. Banks, Senior Assistant District Attorney, Dublin, 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: S14A0642

    The evidence supported the defendant's murder convictions arising from the shooting death of the victim after an argument during a card

  • State v. Newton

    Publication Date: 2014-03-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James D. McDade, District Attorney, Emily K. Richardson, and James A. Dooley, Assistant District Attorneys, Douglasville, for appellant.
    for defendant: Jason W. Swindle Sr. Swindle Law Group PC, Carrollton, for appellee.
    Case Number: S13G0668

    A person enters a home without authority pursuant to the burglary statute, O.C.G.A. § 16-7-1, when he enters with the owner's consent if that consent was obtained by fraud, deceit or false pre

  • Reeves v. State

    Publication Date: 2014-03-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Walker, Decatur, for appellant.
    for defendant: Karl D. Cooke Jr., District Attorney, Nancy S. Malcor, Dorothy V. Hull, Assistant District Attorneys, Macon, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1524

    The trial court properly admitted evidence of a similar transaction, wherein the defendant pled guilty to attempted rape, to show his course of conduct and bent of mind in his trial for felony murde

  • Thompson v. State

    Publication Date: 2014-03-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Rochelle W. Gordon, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1851

    The trial court properly allowed two witnesses to testify about prior difficulties between the defendant and the victim, since the testimony was accompanied by particular guarantees of trustworth