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  • State v. James

    Publication Date: 2013-02-21
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellant.
    for defendant: Raina J. Nadler, Roswell, and Barbara M. Collins, Riverdale, for appellees.
    Case Number: S12A1650

    The trial court erred in granting new trials to the defendants on the special ground that their lack of access to one page of the medical examiner's report was a Brady violation, as the defendants

  • Smith v. State

    Publication Date: 2013-01-24
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Wesley C. Ross, Assistant District Attorney, Kimberly A. Gallant Gwinnett Justice & Administration Center, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1716

    The trial court did not abuse its discretion in excluding evidence of the victim's violent acts against third parties in support of the defendant's affirmative defense of justification, as the defen

  • Dunn v. State

    Publication Date: 2013-01-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christa L. Kirk, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1999

    The trial court properly admitted evidence of the defendant's prior conviction for aggravated assault and aggravated battery of the victim, which resulted from an incident that took place two weeks

  • Kidd v. State

    Publication Date: 2013-01-10
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1521

    The trial court did not abuse its discretion in allowing the State to introduce on re-direct the prior consistent statements of two witnesses whose veracity was challenged on cross-examin

  • Poole v. State

    Publication Date: 2012-11-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Joe W. Hendricks Jr., District Attorney, Ellijay, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0662

    The trial court was not required to make further inquiry of a juror the defendant challenged for cause after the defense indicated that it had no further ques

  • A Fast Sign Co. Inc. v. American Home Svcs. Inc.

    Publication Date: 2012-11-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ned Blumenthal Weissman Nowack Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, and Roy E. Barnes The Barnes Law Group LLC, Marietta, for appellant.
    for defendant: Otto F. Feil III and Celeste McCollough Taylor Feil Harper Lumsden & Hess PC, Atlanta, for appellee.
    Case Number: S11G1708

    The trial court properly based liability and damages, in a class action suit regarding unsolicited fax advertisements, on the number of such advertisements sent rather than the number rec

  • Rice v. State

    Publication Date: 2012-10-31
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Marietta, and Edwin J. Wilson, Snellville, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Anna G. Cross, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Mary Beth Westmoreland, Deputy Attorneys General, and Richard Tangum, Assistant Attorney General, Atlanta, for appellee. Other party representation: Brian Kammer Georgia Resource Center, and Richard A. Malone Prosecuting Attorneys' Council, Atlanta.
    Case Number: S12P1309

    The evidence supported the defendant's convictions and death sentences arising from the murders of his former employer's wife and 14-year-ol

  • Upton v. Hardeman

    Publication Date: 2012-10-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Victor Hardeman, Jackson, proceeded pro se.
    Case Number: S12A0854

    The habeas court erred in ruling that the state did not prove the asportation element of the defendant's kidnapping with bodily injury convi

  • Stoddard v. Meyer

    Publication Date: 2012-10-19
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William M. Waters and Billy J. Waters Ballard Stephenson & Waters PC, Covington, for appellant.
    for defendant: Marcy A. Hanks Foster & Hanks LLC, Monroe, for appellee.
    Case Number: S12A1131

    The parties' equal parenting arrangement, which they adopted after their divorce, and which significantly differed from the terms of their divorce decree, constituted a substantial change in the chi

  • Grell v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Jon W. Setzer, Assistant District Attorney, Lawrenceville, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1177

    The Supreme Court vacated one of the defendant's two aggr assault convictions, as he fired the two gunshots at issue without a deliberate interval and thus they did not constitute separate agg