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  • Smith v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Elizabeth K. Brooks, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A0778

    The officer's testimony that the defendant's purse containing cocaine was at the defendant's feet on the vehicle's passenger floorboard, and the defendant's recorded conversation in the patrol vehic

  • Iwan Renovations Inc. v. North Atlanta Nat'l Bank

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert L. Norton Jr., Alpharetta, and Meredith W. Germain Norton & Assocs. PC, Marietta, for appellant.
    for defendant: . Mitchell S. Rosen Kitchens, Kelley & Gaynes PC, Atlanta, for appellee.
    Case Number: A09A0341

    The creditor was barred from pursuing a deficiency judgment, because the creditor failed to secure judicial confirmation of the foreclosure sale of the secured pro

  • Dae v. Patterson

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas F. Jones Thomas F. Jones & Assocs., Atlanta, for appellant.
    for defendant: Oliver R. Register, Thomasville, for appellees.
    Case Number: A09A0370

    The plaintiff prematurely filed her motion for a new trial before the trial court entered judgment on the jury's verdict denying her motion to set aside a deed in which she gifted her home to the de

  • Greene v. State

    Publication Date: 2009-02-13
    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: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0322

    Defense counsel's decision to request a charge on the lesser offense of simple battery was not unreasonable, since the charge resulted in defendant's conviction for two misdemeanors, rather than two

  • Anderson v. State

    Publication Date: 2009-01-30
    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 Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0272

    The state did not have to prove the chain-of-custody of three stolen watches found in the defendant's pocket when he was arrested, since they were non-fungible items, which were readily identif

  • In the Interest of T. F.

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, and Benjamin Von Schuch District Attorney's Office, Douglasville, for appellee.
    Case Number: A09A0292

    The confrontation right is a trial right that does not apply to transfer hea

  • Jackson v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donna L. Clement and Anthony S. Carter Public Defender's Office, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Candace K. Slezak, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A2326

    The trial court erred in failing to merge the defendant's convictions for cocaine trafficking and possessing cocaine with intent to distr

  • Jackson v. Jackson

    Publication Date: 2008-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A2344

    Absent a transcript, the evidence presumably supported the trial court's findings as to the of parties' settlement agreement and the appellant's failure to comply with those

  • Terry v. State

    Publication Date: 2008-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1940

    The trial court properly admitted the defendant's voluntary custodial statement, which the defendant made in response to the officer's answer to his question concerning the charges agains

  • ULQ LLC v. Meder

    Publication Date: 2008-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1205

    The plaintiff's claim for breach of fiduciary duty failed, since an LLC owes no fiduciary duty to its members, either directly or vicariously, for actions its manager