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  • State v. Cain

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Tom Morgan III, District Attorney, Alison T. Burleson, DeKalb County District Attorney, Benjamin M. First, Special Assistant District Attorney, Decatur, for appellant.
    for defendant: Howard A. Becker, Atlanta, for appellee.
    Case Number: A01A1920

    The trial court lacked discretion to probate a portion of defendant's sentence on his second conviction for bur

  • State v. Hoover

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Barry E. Morgan, Solicitor General, and William R. Pardue, Assistant Solicitor, Marietta, for appellant.
    for defendant: Sherry B. Lantz The Chestney-Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A01A1698

    A Cobb County officer's personal observation of defendant's erratic driving in Cobb County authorized the officer to pursue her into Fulton County where he arreste

  • In the Interest of B. B. S.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Joseph T. Justice Clark & Justice, David J. Koontz Law Office of Dennis C. O'Brien, and David J. Casey, Marietta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Sanders B. Deen, Assistant Attorney General, Marietta, for appellee. Other party representation: Bobby G. Adkins Jr., Eugene T. Clark, Marietta, and Robert E. Hall Hall & Rapoport, Atlanta.
    Case Number: A01A2457

    The juvenile court did not reversibly err in failing to hold an evidentiary hearing prior to terminating the parental rights of a putative father who did not file a timely legitimation pet

  • Baylis v. Atlanta Integrity Mortgage Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Pat D. Dixon Jr., Atlanta, for appellant.
    for defendant: Herald J. Alexander Alexander Law Firm PC, Atlanta, for appellee.
    Case Number: A01A2144

    A broker's provision of documentation necessary for de t's mortgage and its efforts in obtaining the necessary appraisal supported the jury's finding that plaintiff was the procuring cause of d

  • Cheek v. National Auto Sales Inc.

    Publication Date: 2002-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roy B. Roberts, Marietta, for appellant.
    for defendant: Michael C. Kendall Conoscienti, Storm & Kendall, Decatur, for appellee.
    Case Number: A01A2363

    Plaintiff did not exercise reasonable care for her own safety when she stepped under a chain stretched across the back of defendant's car lot without noticing an obvious hole in the pavement that wa

  • Shelton v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A01A0909

    The trial court's error in denying defendant's motion to suppress evidence of an unrelated arrest did not warrant reversal of his convictions, given the victims' eyewitness testimony and the compell

  • Bennett v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James E. Friese, Cuthbert, for appellant.
    for defendant: . Charles M. Ferguson, District Attorney, Cuthbert, for appellee.
    Case Number: A01A1276; A01A1277

    Evidence that defendants were sitting in deer stands located in baited fields and that they were holding loaded rifles and wearing camouflage clothing without the fluorescent orange required of hunt

  • Nelson v. State

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wallace C. Clayton, Austell, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss and John W. Nichols, Assistant Solicitors General, Marietta, for appellee.
    Case Number: A01A1414

    The arresting officer's concern that a fight was about to break out in defendant's moving vehicle provided probable cause for a traffic

  • Multi-State Contracting Corp. v. Midwest Indem. Corp.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Amy E. Loggins Seacrest, Karesh, Tate & Bicknese, Atlanta, for appellant.
    for defendant: Jefferson B. Slagle Thompson & Slagle PC, Norcross, Richard A. Marchetti Marchetti & Lomas LLP, Columbus, Stephen L. Goldner Goldner, Sommers, Scrudder & Bass, and Brian C. Near, Atlanta, for appellees.
    Case Number: A01A1203

    A surety was not responsible for a sing agent's diversion of funds held in escrow because the disbursement agreement did not establish a principal/agent relationship between the surety and the

  • Marine Port Terminals Inc. v. Dixon

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mason White and James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellant.
    for defendant: . Robert L. Crowe Lane & Crowe PC, Brunswick, for appellee.
    Case Number: A01A1279

    An employer need not show that a refused drug/alcohol test would have been performed in the manner set forth in O.C.G.A. § 34-9-415 in order to assert a rebuttable presumption under O.C.G.A. § 43-9