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  • Allison v. State

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Minerva Cansino Public Defender's Office, Dallas, for appellant.
    for defendant: Donald Donovan, District Attorney, and Dana Norman, Assistant District Attorney, Dallas, for appellee.
    Case Number: A12A1990

    The rule of construction authorized the trial court to consider the defendant's multiple felonies in connection with his prob revoc

  • Parham v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wayne Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Jennifer Gower, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A1875

    The defendant's sentence of 10 years with the last five years to be served on probation for his felony shoplifting conviction was vacated and remanded for resentencing, since the trial court erred i

  • Douglas Asphalt Co. v. Linnenkohl

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brent Savage Savage, Turner, Sherri Watts, Savannah, and Kenneth Futch The Futch Law Firm, Waycross, for appellant.
    for defendant: . Samuel S. Olens, Thurbert Baker, Attorneys General, Kathleen Pacious, Deputy Attorney General, Loretta Pinkston, Senior Assistant Attorney General, and Joan Crumpler, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A12A1933

    O.C.G.A. § 50-21-25 a grants immunity to state employees for acts within the scope of their employment and the plaintiff's allegations of negligence and fraud against the individual defendant all co

  • Nelson v. State

    Publication Date: 2013-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, and Leisa Johnson, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, and Arkesia Jenkins District Attorney's Office, Albany, for appellee.
    Case Number: A12A1714

    The trial court erred in instructing the jury that child molestation was a lesser included offense of statutory

  • Carter v. Progressive Mountain Ins.

    Publication Date: 2013-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel Crowe and William Gainer Toliver & Gainer LLP, Conyers, for appellant.
    for defendant: Mark Molina Worsham, Corsi, Scott & Edwards, Jason Hammer, and Megan Boyd Carlock Copeland & Stair LLP, Atlanta, for appellee.
    Case Number: A12A2295

    The plain language of the statute and the purpose of underinsured motorist coverage indicate that the Legislature intended that O.C.G.A. § 33-24-41.1's limited release applies only to the claimant's

  • Brinkley v. State

    Publication Date: 2013-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen Reba Barton Child Law & Policy Center, Atlanta, for appellant.
    for defendant: Clifford Bowden, District Attorney, Tifton, for appellee. Amicus Curiae: Sandra Michaels, Atlanta.
    Case Number: A12A2322

    The trial court did not violate the defendant's constitutional right to due process in failing to sua sponte assess the defendant's competency, since no evidence raised a reasonable doubt as to whet

  • Piper v State

    Publication Date: 2013-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Randall Schonder District Attorney's Office, Dawsonville, for appellee.
    Case Number: A12A2276

    The defendant failed to prove that the State resumed prosecution of his case out of vindictiv

  • Eaddy v. Precision Franchising LLC

    Publication Date: 2013-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas Sampson, Atlanta, for appellant.
    for defendant: G. Melton Mobley Lokey, Mobley & Doyle LLP, and Dawn Pettigrew, Atlanta, for appellees. Other party representation: Philippa Ellis and Melissa Reading Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    Case Number: A12A2545

    The trial court properly awarded attorneys' fees to the defendant after the plaintiff rejected the pre-trial settlement offer in her tort a

  • Aguilar v. Children's Healthcare of Atlanta Inc.

    Publication Date: 2013-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jimmy Hwang, Atlanta, for appellant.
    for defendant: . Robert Monyak Peters & Monyak LLP, and Randolph Powell Huff, Powell & Bailey LLC, Atlanta, for appellees.
    Case Number: A12A1790

    The doctor who submitted the e affidavit with the plaintiff's medical malpractice complaint was not a qualified e

  • Bankston v. Warbington

    Publication Date: 2013-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Timothy Warbington, Lawrenceville, proceeded pro se. Other party representation: Jennifer Patterson Miles Patterson Hansford Tallant, LLC, Cumming.
    Case Number: A12A2498

    The trial court properly awarded attorneys' fees to the defendant since it found that the plaintiff used a contempt motion for purposes of haras