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  • Grimes v. State

    Publication Date: 2014-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S14A1162; S14A1163; S14A1516; S14A1533

    A co-indictee's cellmate's statement to a detective about the details of a fatal shooting, which implicated three of the defendants, was admissible under the co-conspirator exception to the hearsay

  • 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

  • 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

  • Danenberg v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    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

  • Stewart v. State

    Publication Date: 2010-03-26
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Ray C. Smith, Richmond Hill, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Melissa L. Poole, Russell B. Mabrey Jr., Henry P. Smith, Assistant District Attorneys, Hinesville, and Thurbert E. Baker, Attorney General, Atlanta, for appellee.
    Case Number: S09A1847

    The trial court did not abuse its discretion in admitting pre-autopsy photos of the murder victims to show the nature and extent of the wounds infl

  • Brodes v. State

    Publication Date: 2005-07-01
    Practice Area:
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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, District Attorney, Alvera A. Wheeler and Anne E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: S04G2101

    Reliability of an eyewitness's identification can be negatively impacted by stress or violence, so trial courts are advised to refrain from informing jurors that they may consider a witness's level

  • Ford Motor Co. v. Lawrence

    Publication Date: 2005-05-13
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frank F. Middleton IV Watson, Spence, Lowe & Chambless LLP, Albany, Charles K. Reed, James B. Manley Jr., Jill C. Kuhn McKenna, Long & Aldridge LLP, William D. Barwick, Deborah M. Danzig and Carla W. McMillian Sutherland,, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: George W. Fryhofer III, James E. Butler Jr., Gregory R. Feagle Butler, Wooten, Overby, Fryhofer & Daugherty, Atlanta, Andrew J. Hill III Blasingame, Burch, Garrard, Bryant & Ashley, Andrew H. Marshall Begnaud & Marshall LLP, William C. Berryman Jr., Athens, and Alexander T. Galloway III Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: S05A0900

    Neither mandamus nor prohibition is an available remedy to seek review of a trial court's ruling, which is subject to appellate review, because the availability of judicial review is an adequate leg

  • Wilson v. State

    Publication Date: 2003-10-03
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Richard O. Allen, St. Marys, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, and Jennifer S. Gill, Assistant Attorney General, Atlanta for appellee.
    Case Number: S03A0548

    The Court overruled a line of cases, which have blurred the distinction between the entire waiver of an ineffective assistance claim and the waiver of only the right to an evidentiary hearing, to ex

  • Brown v. State

    Publication Date: 2001-07-13
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Lynn M. Kleinrock, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: S00G1809

    Police report narratives are not admissible under the business re exception to the hearsay rule because they do not have the inherent reliability of other traditional business re