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  • Ditman v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.
    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Pinkins v. State

    Publication Date: 2009-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A1636

    The pretrial photographic line-up was not impermissibly sugge

  • Paramount Tax & Accounting LLC v. H & R Block E. Enters. Inc.

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark W. Alexander and Jennifer I. Robertson Stewart, Melvin & House, Gainesville, for appellant.
    for defendant: . J. Matthew Maguire Jr., Robert F. Glass Balch & Bingham LLP, Atlanta, and David M. Kight Spencer, Fane, Britt & Browne LLP, Kansas City, Mo., for appellee.
    Case Number: A09A1542

    The noncompetition clause in a former employee's employment agreement was invalid and unenforceable as a matter of law for lack of proper territorial l

  • Fielding v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sherry T. Barnes, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1657

    The defendant's convictions for robbery and kidnapping involved a common plan, which occurred over less than one month in the same c

  • Jordan Jones and Goulding Inc. v. Newell Recycling of Atlanta Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Joseph C. Staak and Robert O. Fleming Jr. Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: H. Fielder Martin and Stephen G. Lowe Shapiro, Fussell, Wedge, Smotherman & Martin, Atlanta, for appellee.
    Case Number: A09A1397

    The applicable 4-year statute of limitation period for professional malpractice claims barred the plaintiff's breach of contract suit for defects in an automobile shredding facility, which the defen

  • Artis v. State

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David S. West West & Corvelli, Marietta, for appellant.
    for defendant: Gwendolyn K. Fleming,, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A1377

    The firearms discovered in a vehicle in which the defendant was a passenger was admissible as part of the res g

  • Allen v. State

    Publication Date: 2009-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Leon Jourolmon, Assistant District Attorney, Elberton, for appellee.
    Case Number: A09A1541

    The state gave race-neutral reasons for striking six African American prospective j

  • Kim v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1466

    The prosecutor did not solicit the accomplice's testimony, which identified the defendant as a gang m

  • Hicks v. Heard

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: Render C. Freeman, Michael J. Blakely Jr. Anderson, Tate & Carr PC, Lawrenceville, and Jeffrey P. Yashinsky Shur, McDuffie & Morgan, Atlanta, for appellees.
    Case Number: A09A0874

    A part-time as-needed employee's prior speeding citation and involvement in a prior minor accident was insufficient to establish her incompetence or a pattern of reckless dr

  • Stegall v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0913

    The mere fact that the victim took the stand satisfied O.C.G.A. § 24-3-16's availability requirement, even though she refused to answers any ques