• Willis v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0035

    Trial Judge's Expression of Opinion To Jury As To Whether Fact At Issue Had Been Proved Was Subject to Plain Error Review

  • Dupree v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Lawrence W. Daniel (Lawrence W. Daniel PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner (Douglas County District Attorney's Office), Douglasville, for appellee.

    Case Number: S18A0268

    The evidence supported defendant's convictions for malice murder and other crimes arising out of the asphyxiation death of a 75-year-old woman.

  • Clayton County Board of Tax Assessors v. Aldeasa Atlanta Joint Venture

    Publication Date: 2018-07-16
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Arash Ali Sabzevari, Jack R. Hancock (Freeman Mathis & Gary LLP), Forest Park, for appellant.
    for defendant: W. Scott Wright, Alla Raykin (Eversheds Sutherland (US) LLP), Atlanta, for appellee.

    Case Number: S18A0430

    The trial court properly granted summary judgment to a private business in a dispute over taxation of retail concession space at the airport, because the contract between the City of Atlanta and the business for the lease of the space did not create a taxable interest subject to ad valorem taxation by Clayton County.

  • Cope v. The State

    Publication Date: 2018-07-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: S18A0313

    The evidence supported defendant's convictions related to the death of his brothers' roommate and the trial court did not err in admitting two statements defendant made to police after the murder.

  • Taylor v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Angela Z Brown (The Moore Brown Law Group P.C.), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Brian Keith Fortner, Ryan Reese Leonard, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.

    Case Number: S18A0619

    The evidence supported defendant's convictions arising out of the shooting death of a drug dealer during a planned robbery but the Court partially vacated his sentence due to a merger error.

  • Faust v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Kevin Alan Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0453

    State sufficiently proved venue in defendant's trial for kidnapping one man and fatally shooting another.

  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Winston v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jennifer Faith Arndt (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Melanie McCrorey Bell, Jillilan Rachael Hall (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.

    Case Number: S18A0194

    The evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt and was sufficient to authorize a rational trier of fact to find defendant guilty of the crimes for which he was convicted.

  • Russell v. The State

    Publication Date: 2018-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Teresa Lynn Doepke (Alcovy Judicial Circuit Public Defender), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Layla Hinton Zon, Candice Leigh Branche (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.

    Case Number: S18A0091

    Defendant Who Shot Victim After Playful Scuffle Turned Violent Was Not Entitled to Mutual Combat Instruction

  • Jackson v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Arthur C. Walton (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0127

    Participant in Shooting Incident Was Subject to Prosecution for Murder Resulting From Another Participant's Gunfire