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  • Lummus v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John T. Strauss, Public Defender, and Edgar A. Callaway Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A1061

    The defendant was not entitled to a jury charge on mistake of fact where he admitted that he wrongfully took the victim's pro

  • James v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael J. Moore, Warner Robins, and Charles W. Byrd, Perry, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Elizabeth K. Bobbitt and Sandra G. Matson, Assistant District Attorneys, Macon, for appellee.
    Case Number: A05A1108

    The 4-year limitation period for the crime of concealing the victim's death in January 1999 did not start to run until July 2003, when the shooter confessed to police and took them to the victim's

  • Gray v. State

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John T. Strauss, Public Defender, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Kelly D. Kautz, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1415

    The record did not show that the trial court considered the seven factors set forth in O.C.G.A. § 17-14-10 in determining the nature and amount of restit

  • Carlisle v. State

    Publication Date: 2005-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1128

    No evidence showed that defendant knew that her co-defendant was prohibited from contacting the stalking victim as a condition of his

  • Jones v. State

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerald W. Brown, Athens, for appellant.
    for defendant: Ralph W. Powell Jr. Solicitor General, and Kevin D. Gonzalez Chief Assistant Solicitor General, Athens, for appellee.
    Case Number: A05A1163

    The trial court did not err in using language from the Implied Consent statute in its jury c

  • Goodin v. Gwinnett Health Sys. Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lisa Goodin, Lawrenceville, proceeded pro se. Ashley D. Phillips, Juaquin L. Feazell, hall, Booth Smith & Slover PC, Wade K. Copeland, Margaret F. Blackwood Carlock, Copeland, Semler & Stair LLP, Frederick N. Gleaton Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellee. Other party representation: Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    for defendant:
    Case Number: A05A0587

    The trial court properly dismissed the plaintiff's pro se medical malpractice suit, because her original unsworn expert affidavit was invalid and her amended affidavit was untimely filed more than

  • In the Interest of M. E. M. Jr. and M. E. M. I

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Franklin D. McCrea, Alma, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and John D. Staggs Jr., Waycross, for appellee. Other party representation: Marlo M. Ross, Douglas, W. Grady Pedrick and Gerald L. Burrows, Waycross.
    Case Number: A05A0802

    The mother abandoned her children and left them in the care of her mother and her mother's husband, who was charged with sex c

  • In the Interest of C. R. G.

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Thomas B. Hammond, Thomson, for appellee. Other party representation: Lucy J. Bell, Thomson, and Walton Hardin, Washington.
    Case Number: A05A0690

    The mother, who was mildly retarded, was unable to learn the necessary parental skills to properly raise her asthmatic

  • Forehand v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James E. Millsaps, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A05A0597

    The totality of the evidence supported the trial court's conclusion that the defendant voluntarily and intelligently waived his rights before making his audiotaped statement, even though he had a BA

  • Stone v. State

    Publication Date: 2005-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A05A0692

    The totality of the circumstances supported the trial court's finding that the 15-year-old's statement to police was knowing and volu