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  • Alvarez v. State

    Publication Date: 2005-11-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard M. Nichols, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, and Kurt J. Martin, Assistant District Attorney, Douglas, for appellee.
    Case Number: A05A2042

    The victim's videotaped interview and the testimony of her examining physician supported the defendant's conviction for child molest

  • Smith v. State

    Publication Date: 2005-11-04
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0005

    Although the defendant was intoxicated on the night in question, he failed to show that his intoxication resulted in more than a temporary alteration of his brain fun

  • Gilliam v. Love

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: S. Judson Waites II, Marietta, for appellant.
    for defendant: Charles E. Pinkard Jr. Sharon Ware & Assoc, Atlanta, for appellee.
    Case Number: A05A1708

    The defendant was understandably confused as to when he was actually served, since a special process server, who pretended to be an insurance agent, came to his house with a copy of the complaint an

  • Whitworth v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John R. Martin Martin Brothers PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1340

    The trial court properly noted that there is a difference between the lesser degree of neutrality required of a prosecutor and the greater degree required of a

  • Gearin v. State

    Publication Date: 2005-09-16
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Defendant's original sentence imposed on his guilty plea and conviction for cruelty to children was void, since it was enhanced in accordance with an unconstitutional statute-O.C.G.A. § 17-

  • Speed v. Muhanna

    Publication Date: 2005-08-26
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David N. Krugler, Andrew B. Cash Cash, Krugler & Fredericks LLC, and Charles A. Mathis Jr., Atlanta, for appellant.
    for defendant: Wade K. Copeland Courtney A. Buxton Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Emmitte H. Griggs Chambless, Higdon & Carson, H. Andrew Owen Jr. Jones & Sweeney, Hunter S. Allen Jr. Allen & Weathington PC, Atlanta, and Bonnie L. Baker Meadows & Futch PC, Stockbridge.
    Case Number: A05A1042

    The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for h

  • Georgia Dep't of Natural Resources v. Willis

    Publication Date: 2005-08-19
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Bryan K. Webb, Senior Assistant Attorney General, and Kendall L. Kerew, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Melvin M. Goldstein, Marietta, and Daniel B. Greenfield, Bremen, for appellee.
    Case Number: A05A1361

    Some evidence supported the state personnel board's termination of the appellee's employment as a state park superinte

  • In the Interest of J. R.

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wayne D. Keaton, Dallas, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, Sanders B. Deen, Assistant Attorney General, and Louis M. Turchiarelli, Marietta, for appellee.
    Case Number: A05A1317

    The father killed his wife in front of his 1-year-old disabled child and left the child alone with his mother's

  • Smith v. State

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Debra M. Finch and Benjamin A. Pearlman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A1363

    Burchette v. State, 278 Ga. 1 2004, which disapproved certain language in the Allen charge given in the defendant's case and was decided seven months after defendant's trial, is not retroa

  • Kuehne v. State

    Publication Date: 2005-08-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tina M. Richards, Roswell, for appellant.
    for defendant: Barry E. Morgan, Cobb Solicitor General, and Lynne G. Voelker Solicitor General's Office, Marietta, for appellee.
    Case Number: A05A1551

    The defendant's argument that the arresting officer did not correctly perform the HGN test went to the weight of the test results, not their admissib