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  • Turner v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John M. Clark, Elberton, and Joseph E. Sapp Nelson & Sapp LLC, Toccoa, for Turner Sr. Drew W. Powell, Public Defender, Clarkesville, for Turner. Michael H. Crawford, District Attorney, Clarkesville, Richard K. Bridgeman, Assistant District Attorney, Toccoa, and Brian M. Rickman Stockton & Stockton LLC, Clayton, for appellee.
    for defendant:
    Case Number: A04A2164; A04A2165

    Evidence that one defendant had a sexually transmitted disease during the time in which he allegedly raped the victim did not constitute newly discovered evidence that entitled the defendant to a ne

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to

  • Williams v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Anne L. Durden, Bartow, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A04A0194

    The 12-year time-lapse between the similar transaction evi and the charged crimes went to the weight, not the admissibility of the similar transaction evi

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Mulkey v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chris E. Ambrose and Douglas K. Silvis Silvis, Ambrose & Lindquist PC, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy and James L. Prine II, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A04A0783

    The trial court did not inform the defendant that she might receive a harsher sentence when the trial court told her that it intended to reject her negotiated plea agre

  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp

  • In the Interest of A. A.

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy T. Herring and Charles B. Pekor Jr., Atlanta, for appellant.
    for defendant: . Tammy M. Griner, Griffin, for appellee.
    Case Number: A04A0002; A04A0003

    There was no "stop" because the juvenile driver had already stopped the vehicle before the officer approached and there was no seizure because the encounter was not threatening or coe

  • Porter v. State

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton and Alison K. Frutoz, Douglas County Public Defender, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, Paul J. Miovas Jr. and James E. Barker, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A03A1688

    The trial court properly denied the defendant's motion to suppress the evidence found in a stolen Jeep Cherokee that he was driving since the officer had probable cause to briefly detain the defenda

  • Georgia Farm Bureau Mut. Ins. Co. v. Croley

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Duke R. Groover Groover & Childs, Macon, and Charles W. Byrd, Perry, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, Gary C. Christy and Preyesh K. Maniklal Gregory, Christy & Maniklal, Cordele, for appellee. Other party representation: Terry A. Dillard Dillard, Bower & Crowley, Waycross.
    Case Number: A03A0876

    The defendant was entitled to summary judgment on its former attorney's breach of contract claim because the oral agreement between the parties had no stated dur

  • Pitts v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Vicki E. Carter, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A03A1132

    Defendant failed to show prejudice in the court's denial of his motion for a separate even though he was tried before a jury in conjunction with his co-defendant's nonjury