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  • In the Interest of A. A.

    Publication Date: 2004-02-20
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy T. Herring and Charles B. Pekor Jr., Atlanta, for appellant.
    for defendant: . Tammy M. Griner, Griffin, for appellee.
    Case Number: A04A0002; A04A0003

    There was no "stop" because the juvenile driver had already stopped the vehicle before the officer approached and there was no seizure because the encounter was not threatening or coe

  • Taylor v. State

    Publication Date: 2003-12-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Rosemary W. Brewer DeKalb County District Attorney's Office, Decatur, for appellee.
    Case Number: A03A1274

    The state did not have to prove that the rape was against he victim's will since she was under the age

  • Pinch v. State

    Publication Date: 2003-12-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Frank T. Gomez, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A03A2235

    The trial court's curative instruction sufficiently eliminated possible jury consideration of the state's improper closing comments about defendant's refusal to take a breath

  • Barnes v. Turner

    Publication Date: 2003-12-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Taylor W. Jones Taylor W. Jones & Assocs., and Richard E. Harris, Atlanta, for appellant.
    for defendant: . John C. Rogers and Johannes S. Kingma Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
    Case Number: A03A2331

    Plaintiffs were time-barred from raising a legal malpractice claim that was filed in excess of 4-years after the alleged act of negli

  • Porter v. State

    Publication Date: 2003-12-19
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lee W. Fitzpatrick, Canton and Alison K. Frutoz, Douglas County Public Defender, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, Paul J. Miovas Jr. and James E. Barker, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A03A1688

    The trial court properly denied the defendant's motion to suppress the evidence found in a stolen Jeep Cherokee that he was driving since the officer had probable cause to briefly detain the defenda

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

    Publication Date: 2003-12-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Terry D. Jackson, Atlanta, and Bobby L. Cook, Summerville, for appellant.
    for defendant: Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, for appellee. Other party representation: Alan C. Manheim Manheim & Manheim LLC, Atlanta, and Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville.
    Case Number: A03A2196

    Where both parents shared joint custody of their children and their son resided with the father for at least 129 days prior to his death at his father's house, a jury could find that the son was a r

  • Edge v. Fugatt

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Graylin C. Ward, Newnan, for appellant.
    for defendant: . Douglas C. Vassy Tinsinger, Vance & Greer PC, Carrollton, and Paul D. Ivey Jr. Tisinger, Tisinger, Vance & Greer PC, Columbus, for appellees.
    Case Number: A03A2011

    Lay witnesses may state their opinions based on their own observa

  • Betha v. Ebanks

    Publication Date: 2003-11-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lonzy F. Edwards and LaTonya N. Wiley Edwards & Youmas, Macon, for appellant.
    for defendant: . Joseph H. Chambless Chambless, Hidgon & Carson, Macon, for appellees.
    Case Number: A03A2294

    The trial court did not err in charging the jury on hindsight since what the defendant doctor knew or should have known while treating plaintiff was hotly disputed and there was conflicting expert t

  • State v. Williams

    Publication Date: 2003-11-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Philip C. Smith, Penny A. Penn, District Attorneys, Sandra A. Partridge and James A. Dunn, Assistant District Attorneys, Cumming, for appellant.
    for defendant: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellee.
    Case Number: A03A1664

    The arresting officer did not unreasonably expand the scope or duration of a valid traffic stop by running computer checks to determine the status of the fendant's license and whether either th

  • Munn v. State

    Publication Date: 2003-11-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gregory J. Lohmeier Lohmeier & Lohmeier LLC, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A03A1757

    The trial court did not abuse its discretion in excusing a juror who said he would be slanted towards acquittal and never stated that he could put aside hi