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  • 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

  • Garza v. State

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1328

    The officers had a reasonable and articulable suspicion that the defendant was engaged in criminal activity when they stopped his van and asked for consent to s

  • 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

  • Furlow v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A09A0808

    The defendant could not show prejudice from his trial counsel's failure to proffer defendant's anticipated testimony about the victim's alleged sexual behavior, since the evidence was cumul

  • Bone v. The Children's Place Inc.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Creasy III, Atlanta, for appellant.
    for defendant: . Bobby B. Terry Misner, Scott & Martin, Atlanta, for appellees.
    Case Number: A09A0506

    The defendant presented no evidence in support of its motion for summary judgment on plaintiff's premises liability claims and therefore failed to pierce the allegations set forth in plaintiff's plea

  • Wimpey v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ricky W. Morris Jr. and Suesan A. Miller Rickey W. Morris Jr. PC, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas R. McBerry and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2283

    The totality of defendant's presentation regarding her expenses while the trial court was attempting to fashion a payment schedule for a $120,163.40 restitution order was that she ' "would just have

  • Escobar v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Matthew D. Crosby, Lawrenceville, and John H. Petrey, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A0675

    The trial court did not err in allowing a detective to testify regarding the conversation he overheard between the defendant and the CI, since the defendant's statements were admissible as voluntary

  • Hudson v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Brian K. Fortner and Katherine L. Iannuzzi, Solicitors General, Douglasville, for appellee.
    Case Number: A09A0367

    The state's failure to prove venue at the defendant's first trial did not bar her retrial for DUI, misdemeanor obstruction and other ch

  • Safe Shield Workwear LLC v. Shubee Inc.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl A. Veline Jr., Warner Robins, for appellant.
    for defendant: John C. Daniel III and Michael N. White Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A09A0699

    Paragraph 5 H of the parties' agreement-regarding restrictions on using certain vendors-was clear and unambi

  • In the Interest of P. D. W.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alex L. Dixon, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and James T. Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee.
    Case Number: A09A0484

    The juvenile court erred in failing to conduct the proper inquiries and to make the proper findings of fact regarding the mother's lack of co