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  • Stubblefield v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy P. Hendrick, Decatur, for appellant.
    for defendant: Robert Stokely, Solicitor General, Stephen J. Tuggle, Natalie Ashman, Assistant Solicitors General, Amy B. Godfrey and Sandra N. Wisenbaker Solicitor General's Office, Newnan, for appellee.
    Case Number: A09A2225

    The trial court properly refused to suppress hospital chemical test results, which the state obtained through a search warrant, because the untimely return of the search warrant did not affect defe

  • Yeary v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory A. Willis, Atlanta, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, Joelle M. Nazaire and Richard C. Armond Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A09A1786

    The trial court did not err in denying the defendant's motion to produce the Intoxilyzer 5000's source code, because the defendant did not seek testimony from a witness and the controlling Uniform A

  • Grayrobinson v. Smith

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles H. Brown and Laura H. Wheaton Brown Rountree PC, Statesboro, for appellant.
    for defendant: Susan W. Cox, Gerald M. Edenfield Edenfield, Cox, Bruce & Classens PC, Edenfield, Cox, Bruce & Classens, Lovett Bennett Jr., Statesboro, William J. Neville Jr. Callaway, Neville & Brinson, Claxton, Mathew J. M. Prebeg and Christopher M. Faucett Goldstein, Faucett & Prebeg LLP, Houston, Texas, for appellees.
    Case Number: A10A0213

    The trial court failed to make oral or written findings on the record showing that it considered all seven factors set forth in O.C.G.A. § 9-10-31.1 a, before it denied the defendants' motion to di

  • McGill v. State

    Publication Date: 2010-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0273

    The v s sister's testimony concerning the defendant's previous contact with the v was relevant to prior difficulties between the defendant and the v

  • Georgia Dept. of Revenue v. Roof

    Publication Date: 2010-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Warren R. Calvert, Senior Assistant Attorney General, and Francis C. Mulderig, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Robert B. Remar, Thomas J. Mew IV Rogers & Hardin LLP, William B. Carver, Robert J. Middleton Jr. Hall, Booth, Smith & Slover PC, Seth D. Kirschenbaum Davis Zipperman Kirschenbaum & Lotito, Christopher S. Anulewicz Balch & Bingham LLP,Thomas M. Byrne Sutherland, Asbill & Brennan, Cristine L. Patterson, Atlanta, Robert J. Proctor Proctor Hutchins Porterfield, Alpharetta, and David M. Baxter, Macon, for appellees. Other party representation: W. Scott Wright Sutherland, Asbill & Brennan, Atlanta, Roland F. Hall Autry Horton & Cole LLP, Tucker, and Christopher M. Porterfield Proctor Hutchins Porterfield, Alpharetta.
    Case Number: A10A0158

    Sovereign immunity barred the plaintiffs' action, because the suit was a tax refund action on behalf of other taxpayers alleged to be similarly situated and the General Assembly has refused to exten

  • Western Surety Co. v. APAC-Southeast, Inc.

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jefferson B. Slagle Thompson & Slagle PC, Duluth, Robert T. Monroe and Michael D. McRae McRae, Stegall & Peek, Cedartown, for appellant.
    for defendant: . Timothy N. Toler and Mark V. Hanrahan Toler & Hanrahan LLC, Atlanta, for appellee.
    Case Number: A09A2342

    An asphalt company's assignment of its subcontract amounted to a breach sufficient to abrogate any claim under the subcontract, because the agreement specifically stated that the subcontract could n

  • M&M Mortgage Co. v. Grantville Mill

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Louis P. Owens III Jones & Walden LLC, Atlanta, for appellant.
    for defendant: . Peter A. Durham Glover & Davis, Newnan, for appellees.
    Case Number: A09A2291

    Although venue was proper for a mortgage company in Coweta county, because it filed a breach of contract action there, the mortgage company could not be considered a resident of Coweta county for p

  • Sewell v. State

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A2250

    The state met its burden in proving that venue was properly laid in Fulton c because the victim testified to driving through streets and seeing landmarks located in Fulton c

  • State of Ga. v. Anytime Bail Bonding Inc.

    Publication Date: 2010-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christie C. Barnes, Jonesboro, and Kenneth J. Rajotte, Atlanta, for appellant.
    for defendant: Steven E. Lister, Jonesboro, and Cliffe L. Gort, Atlanta, for appellee. Other party representation: Tracy G Lawson, District Attorney, and Dawn M. Belisle-Skinner, Assistant District Attorney, Jonesboro.
    Case Number: A10A0018

    The trial court did not abuse its discretion in concluding that a bonding company did not and should not have known that the defendant obtained a bond using a false

  • Lewis v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carlton K. Nelson III and Leonard M. Geldon, Assistant Public Defenders, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A2297

    The defendant retained possession of a pair of scissors, which were issued to him for the sole purpose of cutting his hair, and hid them in his cell in violation of jail p