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  • Jordan Jones and Goulding Inc. v. Newell Recycling of Atlanta Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph C. Staak and Robert O. Fleming Jr. Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: H. Fielder Martin and Stephen G. Lowe Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellee.
    Case Number: A09A1397

    The applicable 4-year statute of limitation period for professional malpractice claims barred the plaintiff's breach of contract suit for defects in an automobile shredding facility, which the defen

  • DuPree v. South Atlantic Conference of Seventh Day Adventists Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Donna J. Salem Salem & Wong and Wendell K. Willard, Atlanta, for appellees.
    Case Number: A09A0722

    A factual questioned remained as to whether the defendant waived its right to object to plaintiff's failure to make a second earnest money deposit 10 days before the scheduled cl

  • Artis v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David S. West West & Corvelli, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming,, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A1377

    The firearms discovered in a vehicle in which the defendant was a passenger was admissible as part of the res g

  • Allen v. State

    Publication Date: 2009-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Leon Jourolmon, Assistant District Attorney, Elberton, for appellee.
    Case Number: A09A1541

    The state gave race-neutral reasons for striking six African American prospective j

  • Frazier v. State

    Publication Date: 2009-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Bernard S. Brody, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and John S. Helton, Assistant District Attorney, Dalton, for appellee.
    Case Number: A09A0418

    Defense counsel was deficient for failing to object to the admissibility of the defendant's custodial statement, which officers obtained in violation of his Miranda rights, after the defendant repea

  • Kim v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1466

    The prosecutor did not solicit the accomplice's testimony, which identified the defendant as a gang m

  • Hicks v. Heard

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Anderson, Tate & Carr PC, Lawrenceville, and Jeffrey P. Yashinsky Shur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: A09A0874

    A part-time as-needed employee's prior speeding citation and involvement in a prior minor accident was insufficient to establish her incompetence or a pattern of reckless dr

  • Airport Auth. of the City of St. Marys Ga. v. City of St. Marys

    Publication Date: 2009-05-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James E. Stein, St. Marys, for appellant.
    for defendant: Amanda B. Blackledge City of St. Marys, for appellee.
    Case Number: A09A0786

    The appellant's ai least with the city obligated the appellant to heed the city's directives, including the city's resolution to pursue relocation of the ai

  • Christian v. State

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Benjamin R. Makin Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and C. Rebecca Smith District Attorney's Office, Athens, for appellee.
    Case Number: A09A0613

    The defendant had a probationary driver's license when he collided with another vehicle in a parking

  • State v. Austin

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellant.
    for defendant: Brian Steel The Steel Law Firm PC, Atlanta, for appellee.
    Case Number: A09A0461

    An aggravated assault count, which tracked O.C.G.A. § 16-5-21 a 2, contained the elements of aggravated assault and described the alleged criminal act-striking a patient in the head with a metal ins