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  • MCG Health Inc. v. Barton

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James S. Weston Hull, Towill, Norman, Barrett & Salley PC, Augusta, for MCG Health Inc. Thomas R. Burnside Jr. and Mark B. Williamson Burnside, Wall, Daniel & Ellison, Augusta, for Barton. Thurbert E. Baker, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for Board of Regents.
    for defendant:
    Case Number: A07A1060; A07A1061

    The plaintiff's medical expert, who had more than 20 years of emergency room experience, including experience in diagnosing testicular injuries, had the requisite knowledge and experience under O.C

  • Phillips v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Earnelle P. Winfrey, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellee.
    Case Number: A07A0797

    The trial court did not err in denying the defendant's motion for a change of venue, since he did not exhaust his peremptory strikes and he failed to show actual prejudice from a local newspaper art

  • Clark v. State

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John W. Sheerer Jr., Vienna, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    Case Number: A06A1311

    Evidence of a separate incident with one victim was admissible to show the defendant's motive, intent and bent of mind, even if the state did not show that the incident preceded the indicted

  • In the Interest of C. M.

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John F. Connolly, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Susan C. Stanton, Woodstock, for appellee. Other party representation: Michael C. Chisolm, Canton, and Betsy R. Choder, Kennesaw.
    Case Number: A06A1812

    The mother did not visit her children once in the last nine months, she had a history of irregular visitation, failed to maintain stable housing or a stable job, and paid only $60 of the $900 she ow

  • In the Interest of K. J. M.

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stacy S. Garguilo, Atlanta, and David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel and Sanders B. Deen, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Kevin J. Rogers, Smyrna, and R. Stacy Hylton, Marietta.
    Case Number: A06A2208

    The older child suffered multiple unexplained fractures of his ribs and legs and the younger child cried uncontrollably during scheduled visitation with her m

  • Walker v. State of Ga.

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright LLC, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A2044

    The trial court properly applied the preponderance of evidence standard of proof, since forfeiture cases are civil procee

  • In the Interest of M. V. H.

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Diana L. Davis, McDonough, and Leigh S. Schrope Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Thomas L. Williams and Mary E. Evans-Battle, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A06A1821

    The juvenile struck an 11-year-old with his closed fist, while holding a broken pencil, resulting in cuts to the victim's face and

  • Carlisle v. State

    Publication Date: 2006-08-25
    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

    The evidence authorized the jury to find the defendant guilty as a party to the crime of st , since some evidence showed that the defendant intentionally aided and abetted the co-defendant's s

  • State v. Starks

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gwendolyn K. Fleming, District Attorney, and Catherine R. Blackburn, Assistant District Attorney, Decatur, for appellant.
    for defendant: Herbert Shafer, Atlanta, for appellee.
    Case Number: A06A1796

    Ample evidence supported the trial court's conclusion that the traffic stop involving the defendant's vehicle was prete

  • Morales v. State

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1892

    The trial court's overall jury charge substantially covered the principles contained in the defendant's requested charge on "parties to a c