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  • State v. Estrada

    Publication Date: 2016-11-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, Christopher M. Quinn, Senior Assistant District Attorney, and Jason J. Park District Attorney's Office, Lawrenceville, for appellant.
    for defendant: Thomas S. Clegg Clegg Daniels LLC, Decatur, for appellee.
    Case Number: S16A1082

    The trial court did not err in suppressing defendant's custodial statement, because law enforcement officers violated his constitutional rights when they did not cease interrogating him after he twi

  • Williams v. State

    Publication Date: 2016-07-15
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, Woodbine, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Hugh D. Ridgway III District Attorney's Office, Hinesville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew Blackwell, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0511

    The evidence supported the defendant's convictions for felony murder and related crimes stemming from the death of his 7-month-old dau

  • Marchman v. State

    Publication Date: 2016-06-24
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for Marchman. Edwin J. Wilson, Snellville, for Arnold. D. Victor Reynolds, District Attorney, Daniel J. Quinn, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for State.
    for defendant:
    Case Number: S16A0027; S16A0028

    The evidence was sufficient to exclude every reasonable hypothesis save that of guilt and to warrant the defendants' convictions, either as a perpetrator who directly committed the crimes or as a p

  • Bryant v. State

    Publication Date: 2016-03-25
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: William J. Sussman, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Joshua B. Smith District Attorney's Office, Augusta, 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: S15A1738

    The State did not violate Brady or Giglio by failing to disclose before trial that two State's witnesses had outstanding warrants pending against them, because the defendant was able to obtain the e

  • Turner v. Georgia River Network

    Publication Date: 2015-06-18
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly, Senior Assistant Attorney General, James D. Coots, Assistant Attorney General, Britt C. Grant Attorney General's Office, Atlanta, for Turner et al. in Case No. S14G1780. Nathaniel H. Hunt, William W. Sapp Southern Environmental Law Center, Atlanta, Devin H. Smith, Edward D. Tolley Cook, Noell, Tolley Bates LLP, Athens, Kevin S. Cauley, Cairo, and Charles M. Cork III, Macon, for Georgia River Network et al. in Case No. S14G1780. Amicus Appellants in Case No. S14G1780: Patricia T. Barmeyer and Lewis B. Jones King Spalding LLP, Atlanta. Amicus Appellees in Case No. S14G1780: Donald D. J. Stack and Kevin H. Jeselnik Stack Associates PC, Atlanta. Other party representation in Case No. S14G1780: H. Gibbs Flanders Jr. Dublin Superior Court, Dublin. Devin H. Smith, Edward D. Tolley Cook, Noell, Tolley Bates LLP, Athens, and Kevin S. Cauley, Cairo, for Grady County Bd. of Comm'rs in Case No. S14G1781. John E. Hennelly, Senior Assistant Attorney General, James D. Coots, Assistant Attorney General, Britt C. Grant Attorney General's Office,Nathaniel H. Hunt, William W. Sapp Southern Environmental Law Center, Atlanta, and Charles M. Cork III, Macon, for Georgia River Network et al. in Case No. S14G1781. Amicus Appellant in Case No. S14G1781: Patricia T. Barmeyer and Lewis B. Jones King Spalding LLP, Atlanta.
    for defendant:
    Case Number: S14G1780; S14G1781

    The Court of Appeals erred in its construction of the Erosion and Sedimentation Act because the literal language of the statute does not require a buffer for state waters alongside banks without wre

  • Ruffin v. State

    Publication Date: 2014-11-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: T. Mack Taylor, Evans, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Reginald L. Bellury, Assistant District Attorney, Milledgeville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S14A1361

    The evidence did not support jury charges on mutual combat or voluntary manslaughter after the defendant murdered a fellow i

  • State v. Newton

    Publication Date: 2014-03-13
    Practice Area:
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    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

  • O'Donnell v. Smith

    Publication Date: 2013-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Rodney S. Zell Zell & Zell PC, Atlanta, for appellee.
    Case Number: S13A0783

    The habeas court erred in considering the affidavit of an alternate juror who replaced another juror during deliberations, as it did not provide evidentiary support for the defendant's ineffective a

  • Bulloch v. State

    Publication Date: 2013-06-20
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Howard J. Weintraub and Benjamin B. Alper The Law Offices of Howard J. Weintraub PC, Atlanta, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Columbus, Peter J. Skandalakis, District Attorney, LaGrange, Raymond C. Mayer, Assistant District Attorney, Newnan, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher, Assistant Attorney General, Atlanta, for appellee. Other party representation: Elizabeth A. Brandenburg and Marcia G. Shein Law Firm of Shein & Brandenburg, Decatur.
    Case Number: S13A0129

    Trial counsel was not deficient for calling the defendant as the only defense witness, since it was reasonable trial strategy to not present evidence in order to preserve the right to make the final

  • Everett v. Norfolk S. Ry. Co.

    Publication Date: 2012-11-21
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael J. Warshauer, Lyle G. Warshauer, and Douglas C. Dumont Warshauer Law Group PC, Atlanta, for appellant.
    for defendant: Laura S. Morris, William C. Thompson Weissman, Nowack, Curry & Wilco PC, Atlanta, Ralph G. Wellington, and Nancy Winkelman Schnader Harrison Segal & Lewis LLP, Philadelphia, Pa., for appellee.
    Case Number: S12G0729

    The Court found that no underlying factual conflict existed for the jury to resolve regarding the trial court's legal decision that a train engineer was within the zone of danger of a train derailme