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  • Dellinger v. State

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Candace L. Byrd, Acting Chief Pub. Defender, Tara D. Dickerson Pub. Defender's Office, Atlanta, and Jackie G. Patterson, LaGrange, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and James L. Yeargan Jr. Solicitor General's Office, Atlanta, for appellee.
    Case Number: A04A1833

    Evidence that the defendant hit another car after he pulled out from behind a parked car on a 2-way street supported his conviction for failing to

  • State v. Brown

    Publication Date: 2004-10-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kenneth W. Mauldin, District Attorney, Christopher T. Anderson, Brian V. Patterson, William M. Overend, Assistant District Attorneys, and Matthew J. Karzen District Attorney's Office, Athens, for appellant.
    for defendant: Gerald W. Brown, Athens, for appellee.
    Case Number: A04A1684

    The trial court must determine whether the defendant freely and voluntarily consented to a search of his bedroom after the officer entered the room ille

  • State v. Hicks

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and John S. Wetzler, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Ernest B. Gilbert, Brunswick, for appellees.
    Case Number: A04A1581

    The trial court erred in granting the defendants' motion to suppress evidence based on their claim that the warrant failed to particularly describe the place to be searched, because a reasonably pru

  • Dan J. Sheehan Co. v. Ceramic Technics Ltd.

    Publication Date: 2004-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Leonard W. Childs Jr. Childs & Assocs., Savannah, for appellant.
    for defendant: . J. Ben Shapiro Jr., Ronald A. Williamson and Edward A. Stone Shapiro, Fussell, Wedge, Smotherman, Martin & Price LLP, Atlanta, for appellee.
    Case Number: A04A1043

    No genuine issue of material fact remained as to the defendant's acceptance of ceramic tile provided by the plaintiff, since the defendant installed all of the delivered tile in its mall food court

  • Jackson v. State

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William Jackson, Oglethorpe, proceeded pro se. Daniel J. Porter, District Attorney, Dawn H. Taylor, and Lisa A. Jones, Assistant District Attorneys, Lawrenceville, for appellee.
    for defendant:
    Case Number: A04A1754

    The failure to hold a presentence hearing did not render the defendant's life sentence on his conviction for armed robbery

  • Harden v. State Farm Fire and Cas. Co.

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles W. Lane Lane & Lane, Marietta, for Harden. Robert A. Falanga Falanga & Chalker, Atlanta, and Jesse E. Barrow III, Marietta, for Barrett. Robert M. Darroch and Samantha R. Johnson Mabry & McClelland LLP, Atlanta, for State Farm Fire and Cas. Co. Other party representation: Cary S. King Slater, King & Gross, Atlanta.
    for defendant:
    Case Number: A04A1888; A04A1889

    The plaintiff insurance company was properly granted a declaratory judgment that it had no duty to defend or provide coverage to the defendant wife on the negligence claims asserted against her in a

  • State v. Hicks

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and John S. Wetzler, Assistant District Attorney, Brunswick, for appellant.
    for defendant: Ernest B. Gilbert, Brunswick, for appellees.
    Case Number: A04A1581

    The trial court erred in granting the defendants' motion to suppress evidence seized pursuant to a warrant that allegedly failed to particularly describe the place to be searched because a reasonabl

  • Solomon v. Barnett

    Publication Date: 2004-09-24
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bruce M. Edenfield and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: Jeffrey M. Fishman, Duluth, and Jeffrey P. Rothenberg Moss & Rothenberg, Atlanta, for appellees.
    Case Number: A04A1375

    Delaware Code § 312 e relates back reinstatements of administratively dissolved corporations with the same force and effect as if their certificates of incorporation had never yet been forfeited, or

  • Threatt v. Rogers

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George E. Butler II, Dahlonega, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for Threat and others. Donald R. Harkleroad, Harkleroad & Hermance PC, and Timothy J. McGaughey, Norcross, for Rogers. H. Lane Young II and Ernest T. Brown Hawkins & Parnell, Atlanta, for Butler.
    for defendant:
    Case Number: A04A1523; A04A1524

    There was no agreement that the defendants' attorney would act as the escrow agent pursuant to the sales contract, so his return of earnest money to the defendants' could not be the basis of a cause

  • Simpson v. Hyundai Motor Am. Inc.

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy M. Budow, Eric C. Fortas, Scott M. Cohen, Adam Krohn and Shireen Hormozdi Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jeremy M. Moeser, Jill C. Kuhn and Charles K. Reed McKenna, Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A04A1279; A04A1301

    The breach of an express warranty does not occur until the warrantor either refuses to remedy the defects or is unsuccessful in doing so and both plaintiffs acknowledged that they did not return to