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  • Buggle v. State

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steve B. Mizerak, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A1416

    The defendant was not entitled to a sua sponte charge on no duty to re

  • James-Dickens v. Petit-Compere

    Publication Date: 2009-08-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sarah C. Cipperly Cobb County Legal Aid, Marietta, for appellant.
    for defendant: John C. Barrett Puch, Barrett, Canale & Leslie LLC, Marietta, for appellee.
    Case Number: A09A1617

    The mother was entitled to a hearing on the father's failure to pay child support after expiration of the underlying protective order, which provided for the support in que

  • Carpenter v. Capital City Club

    Publication Date: 2009-08-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: LaXavier P. Reddick-Hood, Atlanta, for appellant.
    for defendant: Adrian Britt Shivers & Assoc., Alpharetta, for appellee.
    Case Number: A09A1313

    No evidence showed that the defendant had superior knowledge of any defect in its carpet, which would cause the plaintiff's equipment to malfunction and injur

  • Home Depot v. Pettigrew

    Publication Date: 2009-06-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard C. Kissiah and Nicholas R. West Kissiah & Lay, Alpharetta, for appellant.
    for defendant: . Lauren L. Benedict The Boston Law Firm, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., Atlanta.
    Case Number: A09A0119

    The issue of whether th oyee's back injury was compensable was not properly before the ALJ or the Appellate Division of the State Board of Workers' Compensation, since no evidence showed that t

  • Noellien v. State

    Publication Date: 2009-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Reuben M. Green, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A09A1145

    Evidence that the defendant was the driver and only occupant of a car engaged in two apparent drug transactions, and that police found a bag of marijuana and $858 in the defendant's pockets and a bo

  • Schlanger v. State

    Publication Date: 2009-05-29
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herbert P. Schlanger, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Rebecca S. Walton-McFalls, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A09A1257

    The trial court clearly erred during a third sentencing hearing in increasing the amount of time the defendant served on his convictions and threatening to increase it once again, if the defendant t

  • Sanders v. Graves

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy P. Healy Healy & Svoren, Toccoa, for appellant.
    for defendant: . Michael H. Cummings II, Clayton, for appellee.
    Case Number: A09A1133

    The plaintiff's reached a recorded final resolution of all issues raised in the plaintiff's suit, including her assault and battery

  • Dulcio v. State

    Publication Date: 2009-05-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A09A0673

    The defendant was not entitled to a charge on bare suspicion, since the evidence raised more than a mere suspicion of

  • Latty v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: James D. McDade, District Attorney, Jeffrey M. Gore District Attorney's Office, Douglasville, for appellee.
    Case Number: A09A0365

    The defendant testified on direct that he merely gave his co-defendant and the co-defendant's girlfriend a ride and did not know about the methamphetamine in the car, so the state was entitled to cr

  • Hammett v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A09A0460

    The defendant failed to show an abuse of discretion or manifest injustice necessary to withdraw his negotiated guilty pleas after he was sent