Search for: "R Benham"
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17 Mar 2010, 8:15 pm
Harris Hines, Harold Melton and David Nahmias.Justice Robert Benham writes in a dissent that “the 2005 law is a special law that is unconstitutional on two grounds: the General Assembly previously enacted a general law concerning the standard of care to which medical personnel must adhere to avoid liability; and the classification of those affected by the new legislation is unreasonable. [read post]
1 Oct 2009, 9:46 pm
I am thankful to my friend Eugene White for drawing to my attention a recent case from the ACT where a solicitor, David Landers, had some difficulties in dealing with ACT authorities on behalf of his client, a teacher who wanted to retire and get a payout due to illness.Because of the significance of this decision, I have set out the judgment in full.DAVID LANDER v COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY[2009] ACTSC 117 (11 September 2009)APPEAL - Appeal against finding of the… [read post]
15 Jun 2009, 11:40 am
" But the other restriction was "another matter," wrote Benham. [read post]
29 Nov 2008, 8:57 pm
The defendant was found to be living with his girlfriend in the interim.While a penalty may be called for in this case, state Supreme Court Justice Robert Benham rightly noted that someone convicted of voluntary manslaughter could receive a sentence as low as one year - not the 10 years imposed on Bradshaw.By remanding the case back to a lower court and requiring a new sentence to be established, the high court has again made necessary a fix by the General Assembly. [read post]
25 Nov 2008, 8:40 pm
In a 6-1 decision, written by Justice Robert Benham, the court said the life sentence given to Cedric Bradshaw... [read post]
25 Nov 2008, 5:11 pm
"We conclude the imposition of a sentence of life imprisonment is so harsh in comparison to the crime for which it was imposed that it is unconstitutional," Benham wrote.Georgia's sex-offender law is the only one in the country that mandates a life sentence for an offender who fails to register at the local sheriff's office a second time.After turning 19, Bradshaw pleaded guilty to enticing a child for indecent purposes. [read post]
1 Jul 2008, 3:16 am
"The lone dissenter, Justice Robert Benham, said Terry will be forced to leave the state because he has no ties to Toombs County, which has 27,000 people in the southeastern part of the state. [read post]
30 Jun 2008, 10:15 pm
The lone dissenter, Justice Robert Benham, said Terry will be forced to leave the state because he has no ties to Toombs County, which has 27,000 people in the southeastern part of the state. [read post]
21 Mar 2008, 1:11 am
Nachbar of Keith R. [read post]
21 Mar 2008, 1:11 am
Nachbar of Keith R. [read post]
10 Mar 2008, 1:10 pm
BENHAM, Justice.Arvin Ritchey Mason and Claudia Mason (hereinafter, the Masons)sued The Home Depot U.S.A., Inc. and The Flecto Company, Inc. in 1997for injuries Arvin Mason allegedly received in 1996 while using Varathane, afloor covering product manufactured by Flecto and sold by Home Depot, andfor Claudia Mason’s resulting loss of consortium. [read post]
4 Nov 2007, 4:57 pm
Joining in the majority were Presiding Justice Carol Hunstein, Justice Robert Benham and Justice Hugh Thompson.Justice George Carley, writing for the dissent, points out that the Georgia legislature "specifically addressed the issue of retroactive application" with a "clear and unambiguous provision," stating that the amendment was not to be applied retroactively. [read post]
8 Mar 2007, 6:55 am
Justice Benham's analysis, in which all members of this Court concurred unanimously, is eminently correct. [read post]
8 Mar 2007, 6:25 am
Justice Robert Benham wrote for the Court. [read post]
