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  • Jennings v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paula O. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A05A1866

    The victim's identification of the defendant as her attacker was reliable under the totality of the circumstances as she had ample opportunity to observe him during the course of the

  • Walker v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2176

    The defendant was not entitled to exclusion of testimony describing the physical evidence seized under warrant from his residence on the basis that the testimony was the fruit of an unconstitutional

  • Hodges v. State

    Publication Date: 2006-01-27
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    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A2274

    The circumstantial evidence did not support a finding that the defendant's had joint constructive possession of the cocaine found on the floor behind the driver's seat of the car, which his co-defen

  • Hanse v. Phillips

    Publication Date: 2005-12-22
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paul A. Morgan, Rory K. Starkey and Robert D. Ware County Attorney's Office, Atlanta, for appellant.
    for defendant: Matthew T. Allen, Atlanta, David A. Sleppy, Edward E. Strain III and Lisa J. Bucko Cathey & Strain, Cornelia, for appellees.
    Case Number: A05A0955

    A police officer was entitled to official immunity in the plaintiffs' wrongful death and injury suit arising out of a high-speed chase, because the decision to initiate and continue the chase was di

  • LecStar Telecom Inc. v. Grenfell

    Publication Date: 2005-06-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey R. Joyce and Joseph D. Young Greenlee, Young & Thrasher LLC, Atlanta, for appellant.
    for defendant: Gary R. Kessler Stuart, Irvin, Stanford & Kessler, Atlanta, for appellee. Other party representation: John K. Wells and Robert B. Tidwell Brock, Clay, Calhoun, Wilson & Rogers PC, Marietta.
    Case Number: A05A0032

    The trial court did not abuse its discretion in allowing the correction of a misnomer as to the names of the defendants because there was no change of parties, no new party that had not been served

  • Homer v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2005-04-29
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry Boykin Gordon & Boykin, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kimberly B. Lewis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A0312

    The defendant complied with the university's policy regarding employment of tenured faculty by offering the plaintiff a reduced salary after eliminating his administrative pos

  • Byers v. State

    Publication Date: 2005-04-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paul J. Miovas Jr. Douglas County District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A0516

    The arresting officer had authority to detain the defendant for a reasonable amount of time following a valid traffic stop to write out a citation for spe

  • In the Interest of S. G.

    Publication Date: 2005-03-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, and Robert G. Nardone, Avondale Estate, for appellee.
    Case Number: A05A0212

    The mother's severe mental deficiency-paranoid schizophrenia-rendered her unable to adequate care for her

  • Whitmire v. Georgia Power Co.

    Publication Date: 2004-12-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hardy Gregory Jr., Cordele, Francis L. Morris Jr. Morris, Webster & Corless, Tifton, Bobby L. Cook, Summerville, and Preyesh K. Maniklal Gregory, Christy, Maniklal & Dennis LLP, Atlanta, for appellant.
    for defendant: Hugh B. McNatt McNatt & Greene, Vidalia, John R. Reinhardt Reinhardt & Whitley, Tifton, Charles J. Willcox Moore, Clarke, Duvall & Rodgers, Louis E. Hatcher, Albany, and Robert L. Pennington, Atlanta, for appellees. Other party representation: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta.
    Case Number: A04A0826

    The Utilities Protection Center was not required to provide notice to the owner and operator of a high-voltage overhead power line, where the responsible party affirmatively denied that work would b

  • Morita v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Russell J. Parker and Frances D. Hakes, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2299

    Evidence that the defendant previously broke into an apartment, sexually assaulted an 11-year-old girl, took her into the woods and tied her to a chair was admissible to show his motive and lustful