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  • Attaway v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Gainesville, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee .
    Case Number: A07A0880

    The trial court properly sentenced the defendant for felony statutory rape based on evidence showed that he had sexual intercourse with the victim, who was not his spouse, when he was 32 years old

  • ChoicePoint Servs. Inc. v. Hiers

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard R. Gignilliat and William D. Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellant.
    for defendant: Robert J. Mottern and Vaughn W. Fisher Jr. Buker, Jones & Haley PC, Atlanta, for appellee.
    Case Number: A07A0803

    The plaintiff brought the same quantum meruit claim in a prior suit against the defe

  • Petrosky v. Embry Crossing Condo. Assoc. Inc.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William H. Arroyo William H. Arroyo & Assocs., Tucker, for appellant.
    for defendant: Frederic S. Young Barrickman, Allred & Young LLC, Atlanta, for appellee.
    Case Number: A06A2420

    The plaintiff could not recover for the injuries he sustained when he slipped on black ice in the parking lot of a condominium complex, because he had actual knowledge of the perilous conditions

  • In re Estate of Wallace

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: C. Fred Reeves, Marietta, for appellant.
    for defendant: Jack S. Jennings Adam R. Gaslowitz & Assoc. LLC, Atlanta, W. Allen Separk, Marietta, Bridget W. Christian, Roswell, for appellee.
    Case Number: A07A0481

    The trial court correctly ruled that a year's support award set aside the assets of the decedent's husband's trucking company for the decedent's benefit

  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa

  • Johnson v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A06A1870

    Convictions for aggravated child molestation and attempted aggravated child molestation reversed as de counsel was deficient for failing to prepare for trial and present a de

  • Perez v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bentley C. Adams III and Wayne H. Basford Public Defender's Office, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Forest L. Miles, Assistant District Attorney, Dalton, for appellee.
    Case Number: A06A2472

    Convictions reversed, since defense counsel was deficient in not moving to suppress the evidence discovered as the result of an illegal search of the defendant's person prior to his a

  • Marwede v. EQR/Lincoln Ltd. Partnership

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William R. McCracken, Augusta, for appellant.
    for defendant: Thomas E. Magill and Jason S. Nochimson Magill & Atkinson LLP, Atlanta, for appellee.
    Case Number: A06A2379

    O.C.G.A. § 9-11-15 did not require the defendant to file an answer after the plaintiff substituted it for another defendant in an already existing injury suit, which named multiple defen

  • McClain v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall M. Clark, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jonathan R. Miller III District Attorney's Office, Brunswick, for appellee.
    Case Number: A06A2115

    Given the overwhelming evidence, the defendant could not show prejudice from defense counsel's strategic decision not to object to questioning, which referred to defendant's invocation of his right

  • Nemeth v. RREEF Am. LLC

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Glenn A. Loewenthal Berger, Collier & Loewenthal LLC, Atlanta, for appellant.
    for defendant: Benny C. Priest Hicks, Casey & Foster PC, Marietta, and Alisa W. Ellenburg Allen, Kopet & Assocs. PLLC, Atlanta, for appellees.
    Case Number: A06A2373

    The uneven and unstable surface of the patio where the plaintiff fell was a static defect, which plaintiff presumably knew about, because he had already successfully traversed the