• Felton v. The State

    Publication Date: 2018-10-15
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Matthew K. Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, Paula Khristian Smith, Senior Assistant, Christopher M. Carr, Attorney General, Matthew Min-soo Youn, Assistant, (Department of Law), Atlanta, Joshua Bradley Smith, A.D.A., Natalie Spires Paine, District Attorney , Henry Wayne Syms, Jr., District Attorney (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.

    Case Number: S18A0627

    Court Upholds Conviction of Murderer Who Claimed Trial Judge Interfered with Witness Examination

  • Withers et al. v. Schroeder

    Publication Date: 2018-10-01
    Practice Area: Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Laura Karen Johnson, Terry Gerard Phillips, Shaheem Malik Williams, (Dekalb County Law Department), Decatur, Thomas Monroe Mitchell, Angela C. Couch (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Gerard John Lupa, (Lupa Law, LLC), Stone Mountain, Harlan Stuart Miller, III, (Miller Legal, PC.), Macon, for appellee. Dale R. Samuels (The Samuels Firm), Buford, E. R. Lanier (Council Of Municipal Court Judges of Georgia), Monticello, Michael Brian Terry, David Gregory Hill Brackett, (Bondurant, Mixson & Elmore, LLP), Atlanta, for amicus curiae.

    Case Number: S17G1875

    Personnel are Protected from Suit by Judicial Immunity When They Act in Their Judicial Capacity

  • Reed v. The State

    Publication Date: 2018-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Nazish Altaf Ahmed, (Atlanta Circuit Public Defender's Office), Atlanta, Stephen Randall Scarborough (Stephen R. Scarborough, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smithm Christopher M. Carr (Department of Law), Atlanta, Joshua Daniel Morrison, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Aslean Beth Zachary, A.D.A. (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0624

    No Error in Jury Instructions that Led to a Murder Conviction

  • 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.