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  • Western Sky Fin. LLC v. State of GA

    Publication Date: 2016-12-13
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: R. Lawrence Ashe Jr., Nancy H. Baughan, William J. Holley II, Scott E. Zweigel Parker Hudson Rainer Dobbs LLP, Atlanta, Joseph L. Barloon, Austin K. Brown, Jennifer Z. Gindin, Clifford M. Sloan Skadden, Arps, Slate, Meagher Flom LLP, Washington, DC, and Thomas J. Nolan Skadden, Arps, Slate, Meagher Flom LLP, Los Angeles, CA, for Western Sky Fin.. Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Senior Assistant Attorney General, Charlene R. Swartz, Assistant Attorney General, Monica A. Sullivan, Timothy A. Butler, and Andrew D. Chesser Attorney General's Office, Atlanta, for State of GA.
    for defendant:
    Case Number: S16A1011; S16X1012

    The trial court properly denied defendants' motion to dismiss State's suit alleging that defendants violated the Payday Lending Act by engaging in a small-dollar lending enterprise that collected il

  • Parks v. State

    Publication Date: 2016-12-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Raina J. Nadler, Roswell, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, John R. Edwards, Assistant District Attorney, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A1001

    Although the trial court erred in admitting defendant's prior conviction in his trial for murder and other offenses, any error was harmless in light of the substantial evidence of his

  • Philpot v. State

    Publication Date: 2016-11-28
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Eric J. Taylor Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, David K. Getachew-Smith Sr., Chief Assistant District Attorney, 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: S16A0767

    The evidence supported defendant's convictions for murder and other offenses arising out of a fatal drive-by shooting in which defendant, his sister and her boyfriend fired shots at a group of peop

  • Buford v. State

    Publication Date: 2016-11-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: David S. Klein, Martinez, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua B. Smith, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A1353

    A rational trier of fact could have found that defendant failed to prove by a preponderance of the evidence that he was insane at the time of the murder and aggravated assault, and the evidence was

  • Glover v. State

    Publication Date: 2016-11-11
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Jesse W. Owen, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua B. Smith, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0865

    The trial court did not abuse its discretion in denying defendant's motion to withdraw his guilty plea to felony murder, as the record supported its determination that defendant entered his plea kno

  • State v. Smith

    Publication Date: 2016-11-07
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and Moruf O. Oseni, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Chevene B. King Jr., Albany, for appellee.
    Case Number: S16A1069

    The trial court did not abuse its discretion in granting defendant's motion to suppress statements he made to law enforcement officers in his trial for felony murder and other off

  • Bradford v. State

    Publication Date: 2016-11-04
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Holly G. Chapman Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, 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: S16A0902

    The evidence supported defendant's convictions for felony murder and possession of a firearm during the commission of a crime arising out of a workplace di

  • Williams v. State

    Publication Date: 2016-07-15
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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

  • Shelton v. Lee

    Publication Date: 2016-07-14
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, and Stuart E. Walker Martin Snow LLP, Macon, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0106

    The jury instruction, which closely tracked language found in O.C.G.A. § 17-2-2 subsection c, that where it cannot be readily determined in which county the cause of death was inflicted

  • Myers v. State

    Publication Date: 2016-07-12
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Debra K. Jefferson, Lawrenceville, for appellant.
    for defendant: Brian V. Patterson, Chief Assistant District Attorney, Anthony Volkodav Jr., Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Aimee F. Sobhani, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S16A0377

    The evidence was sufficient to support the defendant's convictions for felony murder and related crimes in connection with a series of burglaries over a 2-week p