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  • McKinney v. State

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen E. Tillman, Baxley, and Franklin D. McCrea, Alma, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and John B. Johnson III, Jesup, for appellee.
    Case Number: A03A0394

    The trial court did not err in submitting a superseding indictment to the jury since the only change was an allegation that the statute of limitation on prosecutions was tolled while the defendant's

  • Ergas v. The Home Depot Inc.

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George L. French The Thomas Firm LLC, Atlanta, for appellant.
    for defendant: Carroll G. Jester Jr., Laura M. Medlin and Stephen J. Raab Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.
    Case Number: A03A0650

    Plaintiff failed to show that a home improvement store had superior knowledge of a split piece of wood, which broke off and fell on his wrist when he reached into a bin for a piece of base mo

  • Rosales v. Davis

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Glenn Whitley Reinhardt, Whitley & Wilmot, Tifton, for appellant.
    for defendant: . Jon V. Forehand Allen & Forehand, Moultrie, for appellees. Other party representation: James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta.
    Case Number: A03A0030

    No direct evidence showed that defendant was driving the car that rear-ended the plaintiffs and the circumstantial evidence to the contrary was not overwhe

  • Hurst v. State

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A0016

    The defendant robbed one Wendy's restaurant drive-in of over $500 at gunpoint and took $43 from another Wendy's restaurant after placing a handgun with a towel over it on the drive-in window

  • Metropolitan Property & Cas. Ins. Co. v. McCall

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for Metropolitan Property & Cas. Ins. Co. William D. Temple Temple, Strickland & Counts, Decatur, George E. Duncan Jr. and Jennifer C. Adair Duncan & Mangiafico PC, John A. Pape Jr. Allen & Assocs. and Dale C. Ray Jr. Chambers, Aholt & Rickard LLP, Atlanta, for McCall. Kenneth J. Lander McNally, Edwards, Bailey & Lander and Donald W. Osborne, Monroe, for Smallwood.
    for defendant:
    Case Number: A03A0062; A03A0063

    The named insured's son was not a permissive driver under the parties' insurance policy, since the undisputed evidence showed that he did not have a driver's license and was strictly forbidden from

  • Shores v. Troglin

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James P. Shores, Monroe, proceeded pro se. Kim M. Jackson Hawkins & Parnell, Atlanta, for appellee.
    for defendant:
    Case Number: A03A0379

    The plaintiff filed his legal malpractice suit almost five years after the defendant withdrew as his attorney on his bankruptcy pet

  • Margerum v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey M. Gore Douglas County Public Defender's Office, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A03A0129

    A dispatch to look for a suspected shoplifter in a car bearing a specific tag number authorized a Douglas County officer to pursue the defendant into Fulton County where he arreste

  • Beach v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Lee A. Young and Elizabeth A. Baker, Assistant District Attorneys, Atlanta, for appellee.
    for defendant:
    Case Number: A03A0202

    Double jeopardy did not bar defendant's re for child molestation and statutory rape because the court did not clearly err in finding that the state did not intentionally provoke a mis

  • Southern Elec. Supply Co.

    Publication Date: 2003-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Maurice M. Eagan Jr. and Eric A. Kane Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: David P. Darden Talley & Darden PC, Marietta, Martin R. Salzman Hendrick, Phillips, Schemm & Salzman, and Neil L. Wilcove, Atlanta, for appellees.
    Case Number: A02A1722

    The plaintiff provided adequate written notice to the contractor under former O.C.G.A. § 36-82-104 b 1, by faxing an invoice for equipment provided to the subcontractor, along with a total for the o

  • Hamm v. State

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Ingrid J. McGaughey Office of the Public Defender, Conyers, for appellant.
    for defendant: Richard R. Reed, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A02A2189

    The arresting officer had probable cause to briefly detain and qu the defendant who matched the general description of a suspect in a BOLO alert and who was walking away from the location in q