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  • Helms v. Franklin Builders Inc.

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wendel L. Bowie, Atlanta for appellant.
    for defendant: Gregory K. Hecht Hecht Mack & Harris PC, Stockbridge, for appellees.
    Case Number: A10A1162

    Equitable estoppel barred the plaintiff's claims for negligent construction and breach of warranty, arising from a new home purchase and sales agreement, which mandated arbitr

  • Morales v. State

    Publication Date: 2010-08-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Blair D. Mahaffey, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A10A1058

    The victim's testimony that the defendant pushed him off of a porch railing, walked down the stairs to where he lay and kicked him in the mouth, supported the defendant's aggravated assault convi

  • Love v. State

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A1059

    Defense counsel's deficiency in eliciting testimony about the defendant's prior criminal history was harmless in light of the otherwise overwhelming evidence that he entered an automobile with inten

  • Newsome v. Johnson

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tavis L. Knighten and Mary K. Durant, Atlanta, for appellant.
    for defendant: Ben B. Philips, Stephen J. Hodges and Brian M. Worstell Philips Branch, Columbus, for appellee.
    Case Number: A10A1017

    The trial erred in refusing to allow the defendant to make discovery on the issue of damages, since this issue remained pending for trial following entry of a default judgment on the issue of liab

  • In the Interest of C. H.

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Johnny E. Harris and Kayla J. Harris, Acworth, proceeded pro se. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Sanders B. Deen and Penny Hannah, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Lawrence W. Daniel, Atlanta.
    for defendant:
    Case Number: A10A1034, A10A1409, A10A1410

    The mother and father repeatedly failed to obey court orders prohibiting contact between them and engaged in ongoing violent conduct, often in the presence of the chi

  • Terrell v. State

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and T. Buckley Levins, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1842

    Sufficient evidence, including a license plate number traced back to the defendant, identification of the defendant by two witnesses and the defendant's own statement supported his convi

  • Jackson v. State; Royal v. State

    Publication Date: 2010-08-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for Jackson. John G. Wolinski, Hahira, for Royal. Joseph K. Mulholland, District Attorney, Michael L. Bankston and Michael T. Garrett, Assistant District Attorneys, Bainbridge, for appellee.
    for defendant:
    Case Number: A10A1062, A10A1105

    Insufficient evidence connected the first defe to the cocaine found near the second defe

  • Cook v. State

    Publication Date: 2010-08-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Marcus Cook, Grovetown, proceeded pro se. Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    for defendant:
    Case Number: A10A1550

    Nothing in the burglary statute limits the dual use of prior convictions in both the guilt-innocence phase and at sente

  • Harrell v. Houston County

    Publication Date: 2010-08-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Albert M. Pearson III Moraitakis, Kushel & Pearson and Charles T. Brant, Atlanta, for appellant.
    for defendant: Timothy J. Buckley III Buckley Brown PC and Tracy K. Haff, Atlanta, for appellee. Other party representation: John W. Campbell and Valerie E. Pinkett Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A09A0393

    The Court of Appeals' dismissal of the plaintiff's case deprived the trial court of any authority to enter a subsequent order of finality, and therefore, the plaintiff's second appeal was not proper

  • In the Interest of R.M., A Child

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, and John M. Chenhall, Assistant District Attorney, Athens, for appellant.
    for defendant: Jeffery A. Rothman Daniels & Rothman PC, Athens, for appellee.
    Case Number: A10A1288, A10A1353

    The trial court erred in granting uvenile's motion to suppress his breath tests results, since the statutory implied consent notice for suspects under 21, which the investigative officer read t