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  • Williams v. Patterson

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. C. Love III and Rita T. Williams Williams & Assocs., Decatur, for appellant.
    for defendant: Matthew L. Hilt The Hilt Firm LLC, Atlanta, Erica L. Morton and William T. Casey Jr. Hicks, Casey & Foster PC, Marietta, for appellee.
    Case Number: A10A2163

    The plaintiff failed to perfect service of process, after the expiration of the applicable statute of limitation for his injury suit, arising out of an automobile acc

  • Bell v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bernadette C. Crucilla, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Jonathan L. Adams, Assistant District Attorney, Macon, for appellee.
    Case Number: A10A2148

    The defendant did not show that the state's proffered reasons for striking eight black jurors were pretextual, since the state's use of its preemptory strikes did not have a racially-disproportionat

  • Daniels v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and Thomas S. Robinson III Robinson & Assocs., Snellville, for Daniels. Teresa L. Smith Public Defender's Office, Covington, for Beard. William K. Wynne Jr. and Layla H. Zon, District Attorneys, Covington, for appellee.
    for defendant:
    Case Number: A10A2042, A10A2043

    The trial court properly admitted testimony that a white Lexus was hijacked the day before the events in question as part of the res gestae of crime of theft by receiving stolen pro

  • Trey Inman & Assoc. PC v. Bank of America NA

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lisa B. Perlstein, Decatur, for appellant.
    for defendant: William A. DuPre IV Miller & Martin PLLC, Atlanta, for appellee. Other party representation: Gregory K. Hecht Hecht, Mack & Harris PC, Stockbridge, Kathryn E. Baird Quirk & Quirk LLC and John M. Welch, Atlanta.
    Case Number: A10A1844

    A closing firm was liable to a bank for conversion of surplus funds from the sale of secured property, because the bank's payoff instructions clearly stated that the bank was to receive any net sale

  • Holsey v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A10A1978

    Officer's search of defendant's vehicle was not a proper search incident to an arrest, since defendant was not within reaching distance of the passenger compartment and there was no reasonable beli

  • McMichael v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2010

    Trial counsel's decision to use only the witness's most recent conviction for impeachment purposes at trial was a matter of trial ta

  • Jackson v. State

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Leonora Grant, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A10A1735

    When the state begins a trial without sufficient evidence go convict and a mistrial is granted over the defendant's objection, a defendant's plea of double jeopardy should be sustained, even in the

  • Desmear Systems Inc. v. Vines

    Publication Date: 2010-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Melvin T. Johnson, Stone Mountain, and K. Rochelle Laroche The Action Johnson Law Group LLC, Atlanta, for appellant.
    for defendant: A. Paul Moore Jr. Carlock, Copeland & Stair LLP, Atlanta, for appellee.
    Case Number: A10A1910

    If a real estate contract's financing contingency is not met, the contract is not binding and is unenforceable for lack of mutu

  • Helms v. Franklin Builders Inc.

    Publication Date: 2010-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wendel L. Bowie, Atlanta for appellant.
    for defendant: Gregory K. Hecht Hecht Mack & Harris PC, Stockbridge, for appellees.
    Case Number: A10A1162

    Equitable estoppel barred the plaintiff's claims for negligent construction and breach of warranty, arising from a new home purchase and sales agreement, which mandated arbitr

  • Newsome v. Johnson

    Publication Date: 2010-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Tavis L. Knighten and Mary K. Durant, Atlanta, for appellant.
    for defendant: Ben B. Philips, Stephen J. Hodges and Brian M. Worstell Philips Branch, Columbus, for appellee.
    Case Number: A10A1017

    The trial erred in refusing to allow the defendant to make discovery on the issue of damages, since this issue remained pending for trial following entry of a default judgment on the issue of liab