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  • State v. Haynes

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Gladys H. Pollard, Decatur, for appellee.
    Case Number: A07A0414

    The plaintiff's notice of Claims to the Claims Advisory Board did not comply with the ante litem notice requirements of the Georgia Tort Claims Act, O.C.G.A. § 51-

  • Larmon v. CCR Enters.

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas F. Lindsay, Rossville, for appellant.
    for defendant: Dennis D. Watson Watson, Dana & Gottlieb LLP, LaFayette, for appellee. Other party representation: James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton.
    Case Number: A07A0111

    The trial court did not err in ruling that the bus driver allegedly responsible for the plaintiff's injuries was an independent contractor, since his employment contract gave him the discretion in t

  • Mason v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A07A0380

    The arresting officer exceeded the permissible scope of a pat-down search for weapons when he opened a matchbox, which was not immediately identifiable as contr

  • Barthell v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerome Barthell, Alamo, proceeded pro se. Clifford P. Bowden, District Attorney, Tifton, for appellee.
    for defendant:
    Case Number: A07A0790

    The trial court lacked jurisdiction over the defendant's motion to vacate a void sentence, since it was filed outside the term of court in which he was sent

  • Cross v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth D. Kondritzer Public Defender's Office, and Nancy L. Mau, Atlanta, for appellant.
    for defendant: Michael H. Crawford, District Attorney, and Earnest J. McCollum, Chief Assistant District Attorney, Clarkesville, for appellee.
    Case Number: A07A0896

    Evidence of the victim's prior violent acts was inadmissible, absent a viable justification de

  • Ranwal Props. LLC v. John H. Harland Co.

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellant.
    for defendant: Daniel J. King and Brian A. White King & Spalding, Atlanta, for appellee.
    Case Number: A07A0835

    The parties' lease contract provided that the tenant would pay the landlord's insurance premium within 30 days of demand, the landlord's delay in making the demand until near end of the lease term

  • Whitaker v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Leigh S. Schrope Georgia Pub. Defenders Standards Council, and Lindsay N. Bennett, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A07A0327

    The defendant knowingly, voluntarily and intelligently waived his right to a jury trial after discussing the pros and cons with his trial co

  • Fields v. State

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A07A0233

    The jury was entitled to conclude that the defendant was not justified in using force greater than was necessary to defend himself when he used a baseball bat to beat the unarmed v

  • State v. Thompson

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellant.
    for defendant: Tony L. Axam Axam & Adams PA, Atlanta, and W. Gaston Fairey, Columbia, S.C., for appellee.
    Case Number: A07A0582

    The trial court properly dismissed the defendant's indictment because Columbia county failed to bring her to trial within 180 days of her IAD request for final disposition of all pending charges in

  • Johnson v. State

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A06A2246

    The trial court harmlessly erred in requiring the defendant to introduce a certified copy of the victim's prior conviction, with the resulting loss of final closing argument, or forgo questioning he