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  • Young v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael S. Phillips Phillips & Sellers LLP, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine R. Thrower, Assistant Attorney General, Atlanta, and David R. Helmick Waldrep, Mullin, & Callahan, Columbus, for appellee.
    Case Number: S12A1403

    The Supreme Court vacated the defendant's separate convi and sentence for burglary because it served as the predicate offense for his felony murder convi

  • Platt v. State

    Publication Date: 2012-10-05
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert L. Wadkins, Stephen A. Craft, and Victoria L. Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Michael E. Craig, Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1442

    The Supreme Court affirmed the defendant's convictions arising from the shooting death of his pregnant wife, as the evidence supported a finding of implied m

  • Terry v. State

    Publication Date: 2012-09-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: James C. Bonner Jr. and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Sara K. Sahni, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0788

    Russell v. State, overruled, to the extent that it can be read as holding that a trial court must instruct a jury that it is precluded from finding a defendant guilty of felony murder, if it finds t

  • Danenberg v. State

    Publication Date: 2012-06-29
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: John C. Bell Jr. Bell & Brigham, Augusta, and Robert W. Cullen, Decatur, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gregory L. Bushway, Keagan W. Goodrich, Assistant District Attorneys, Gray, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0524

    The statutory procedure for appointing a psychiatrist to examine defendants who raise an insanity defense did not violate the defendant's due process r

  • Mayor & Aldermen of the City of Savannah v. Batson-Cook Co.

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Gregory K. Morgan Cohen Pollock Merlin & Small PC, Elizabeth B. Hodges, Atlanta, James B. Blackburn and Peter A. Giusti City of Savannah, Savannah, for appellant.
    for defendant: Robert S. Glenn Jr. Ellis Painter Ratterree & Adams LLP, Stanley Karsman, Savannah, Charles J. Willis, Mark L. Degennaro Willis McKenzie LLP, LaGrange, Adam M. Hames The Hames Law Firm LLC, Atlanta, Brian J. Vella and Jennifer A. Mahar Smith Pachter McWhorter PLC, Vienna, Va., for appellees.
    Case Number: S11G1814

    Uniform Superior Court Rule 25.3—providing the threshold requirements for a motion to recuse to be assigned to another judge for determination—does not authorize a discretionary determination on the

  • Flowers v. State

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0155

    The trial court did not err in refusing to give the defendant's requested charge on mere presence, since the evidence showed that he pointed the gun at the victim and shot him during an argument ove

  • Appleton v. Alcorn

    Publication Date: 2012-06-08
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David J. Hungeling, Atlanta, for appellant.
    for defendant: Mark B. Bullman Glaser Currie & Bullman LLP, Atlanta, for appellees.
    Case Number: S11G1145

    ERISA does not preempt state law claims against the beneficiary of funds already distributed from an ERISA

  • Viskup v. Viskup

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Charles G. Harbin Jr., Marietta, for appellant.
    for defendant: Roger M. Johnson and Jennifer S. Gill Bray & Johnson, Canton, for appellee.
    Case Number: S12A0276

    Evidence supported the trial court's determination that venue was proper in the county where the mother filed her petition for modification of child custody, as the father did not change his county

  • Williams v. State

    Publication Date: 2012-05-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Brittany N. Jones, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A0594

    The trial court did not violate the defendant's due process rights in sentencing him to life without parole on his malice murder conviction under the current form of O.C.G.A. §16-5-1 d, which provid

  • Giles v. Swimmer

    Publication Date: 2012-03-09
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Tom W. Daniel Daniel, Lawson, Tuggle & Jerles LLP, Hiawassee, for appellant.
    for defendant: . Richard W. Calhoun Brock, Clay, Calhoun & Rogers LLC, Marietta, Harold D. Ehrman, Tucker, Constance M. Ewing and Nancy H. Baughan Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellees.
    Case Number: S11A1371

    No basis for including the bank in the quiet title action remained after the trial court struck the bank's affidavit and termination from the county's deed re