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  • Benton v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jonathan R. Melnick, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Daniel M. Hirsch, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A1300

    Generally, a jury's recommendation of leniency is mere surplusage, which does not affect the validity of a ve

  • White v. Kaminsky

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Larry A. Ballew, Cumming, for appellant.
    for defendant: Gregory J. Digel, Fred R. Slotkin Jr. Holland & Knight LLP and Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A04A2111

    The trial court erred in failing to apply the rules of contract construction to resolve an ambiguity in certain real property covenants with regard to the design and construction of property improve

  • Professional Standards Comm'n v. Valentine

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter and Kathryn L. Allen, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Shampa Banerji and Michael E. Kramer Kramer & Thomas LLC, Atlanta, for appellee.
    Case Number: A04A1893

    Some evidence supported the Professional Standards Commissioner's determination that a teacher violated Standard 10 of the Commission's Code of Ethics by acting in a unprofessional manner on school

  • Collier v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2159

    The defendant's consent to blood testing based on the police officer's intentional misrepresentation of his implied consent rights was invalid and trial counsel was deficient for failing to seek sup

  • In the Interest of D. J. E.

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wallace J. Williams Barr, Warner & Pine, Savannah, for D. J. E. Mark J. Nathan, Savannah, for I. B. Spencer Lawton Jr., District Attorney, Arvo H. Henifin, and Kimberly Rowden, Assistant District Attorneys, Savannah, for appellee.
    for defendant:
    Case Number: A04A0332; A04A0333

    Evidence supported the juveniles' delinquency adjudication for various crimes relating to the theft of several automobiles from a car deale

  • Upshaw v. Roberts Timber Co. Inc.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lester Z. Dozier Dozier & Sikes LLC, Macon, for appellant.
    for defendant: Joel A. Howe and Craig N. Cowart Miller, Cowart & Howe LLP, Macon, for appellee.
    Case Number: A04A0219

    Evidence of three traffic-related citations in 23 years does not demonstrate a pattern of reckless dr

  • Little Sky Inc. v. Rybka

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Fred L. Cavalli and Christopher J. McFadden, Decatur, for appellant.
    for defendant: . Gregory W. Sturgeon, Atlanta, for appellees.
    Case Number: A03A1223

    The trial court correctly ruled that the buyers of a business franchise waived their claim that the sellers concealed material facts devaluing business prior to purchase since the buyers continued

  • State v. Jourdan

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Cecilia M. Cooper, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellant.
    for defendant: Craig S. Mathis, Leesburg, for appellee.
    Case Number: A03A2423

    Defendant's mere acquiescence when a ranger removed a cigarette box from his pocket could not substitute for free consent to search the box, which contained methamphet

  • Garrett v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Elizabeth H. Eason, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A03A2043

    Defendant's improper conviction for possession of crime tools was harmless where that conviction merged with his armed robbery conviction for sentencing pur

  • Arnold v. State

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: W. Keith Barkber Allen & Barber PC, Statesboro, for appellant.
    for defendant: Patrick H. Head, District Attorney, Samuel W. Lengen and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A1599

    Because the trial court reduced the defendant's conviction for second degree criminal property damage to misdemeanor criminal trespass, his argument that the state failed to prove damages of more tha