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  • Pettiford v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, for appellee.
    Case Number: A04A0704

    The same evidence could not be used to support all three felony theft by deception convic

  • Howard v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Lindsay H. Burton, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A03A1915

    The Fourth Amendment does not prohibit an officer from stopping a car for the sole purpose of identifying the driver where the officer has reasonable suspicion to believe that the driver is attempti

  • Browning v. Stocks

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert J. Lowe Jr. Daniel & Lowe, Augusta, for appellant.
    for defendant: Joseph H. Huff Kilpatrick Stockton LLP, Atlanta, for appellees.
    Case Number: A03A1902

    Paden v. Murray, 240 Ga. App. 487 1999, is overruled to the extent it held that the plaintiffs' fraud claim was precluded because they affirmed the sales contract for their new

  • Kortes v. Branch

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mitchel P. House Jr. and Neil A. Halvorson Sell & Melton LLP, Macon, for appellant.
    for defendant: Harvey G. Berss, Duluth, for appellees.
    Case Number: A04A0299

    Although the defendant stipulated that he negligently made contact with the rear of the plaintiff's vehicle, the evidence supported a conclusion that the plaintiff was not injured as a proximate re

  • Perez v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Rudjard M. Hayes, Assistant District Attorney, Newnan, for appellee.
    Case Number: A04A0763

    Manifest necessity required the trial court to declare a sua sponte mistrial due to juror misco

  • Rogers v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mark Pickett Donaldson, Bell & Pickett PC, Albany, for appellant.
    for defendant: Kenneth Hodges, District Attorney, Gregory Edwards and Alex Kaplan Office of the District Attorney, Albany, for appellee.
    Case Number: A04A0645

    The pre-trial identification testimony was admissible even though the procedure used by the police was sugge

  • Dial v. Adkins

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Michael A. Anderson Horton, Maddax & Anderson, Chattanooga, Tenn., for appellant.
    for defendant: William P. Slack, Lafayette, for appellee.
    Case Number: A04A0510

    The Uniform Interstate Family Support Act and the Uniform Reciprocal Enforcement of Support Act were not the exclusive procedures available for the petition to domesticate a foreign divorce decree f

  • Mulkey v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chris E. Ambrose and Douglas K. Silvis Silvis, Ambrose & Lindquist PC, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy and James L. Prine II, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A04A0783

    The trial court did not inform the defendant that she might receive a harsher sentence when the trial court told her that it intended to reject her negotiated plea agre

  • Department of Transp. v. Hardin-Sunbelt, Joint Venture

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Deputy Attorney General, Matthew E. Cline Cline & Assocs. LLC, and George C. Reid, Atlanta, for appellant.
    for defendant: Lawrence A. Stockton Jr. Stockton & Stockton , Clayton, for appellee.
    Case Number: A03A1876

    Evidence supported the jury's finding that the DOT breached its contract with plaintiff by unreasonably refusing to pay an agreed-upon lump sum for lake restoration after completion of a highway pro

  • Garvin v. Secretary of State Sec. and Bus. Div.

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William W. Banks Jr., John B. Ballard Jr., Assistant Attorneys General, and Robin A. Golivesky Office of Secretary of State, Atlanta, for appellee. Other party representation: Fred T. Finney McCall & Finney PC, Albany.
    Case Number: A03A2145

    Some evidence showed that the defendant did not knowingly intend to violate the Georgia Securities Act by selling unregistered contracts for the sale and lease-back of coin-operated payp