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  • McMorris v. State

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sharon D. Smith-Knox, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A03A1563

    The defendant admitted that he pushed the victim on a bed, put his hand over her mouth, removed her clothing and attempted to penetrate her v

  • Ruffin v. State

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Kathryn O. Pulliam, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A03A1733

    The trial court properly admitted the defendant's custodial statements because an officer advised him of his rights, he waived them, he was coherent, he did not appear to be under the influence of d

  • Adams v. Belote

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mark W. Straughan Straughan & Straughan, McRae, for appellant.
    for defendant: . John T. McGoldrick Jr. Martin, Snow, Grant & Napier, Macon, for appellees.
    Case Number: A03A1077

    A property buyer was entitled to breach of warranty damages where his attorney erroneously informed that the sellers owned the property in question after he informed the attorney of a potential titl

  • Bond v. State

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence Lewis, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Stephen A. Fern, Assistant Solicitor, Lawrenceville, for appellee.
    Case Number: A03A2171

    The trial court properly sentenced the defendant under the f sentencing provision for escape since her underlying conviction was a f

  • Moore v. State

    Publication Date: 2003-10-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jason R. Hasty, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Steven C. Chen, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A2110

    The defendant's st ts to police were admissible, despite his ambiguous request for counsel, since he signed a waiver of rights form and initiated the encounter during which he gave his second s

  • Atlanta Area Broadcasting Inc. v. James Brown Enters. Inc.

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas B. Branch III, Laurie W. Daniel and Susan E. Edlein Holland & Knight LLP, Atlanta, for appellant.
    for defendant: Albert H. Dallas The Dallas Law Firm, Thompson, for appellees. Other Party Representation: Richard G. Farnsworth, Atlanta, and Kenneth L. Levy Zachary & Seagraves PA, Decatur.
    Case Number: A03A0980

    Defendant was entitled to reduce its note payment obligations under an agreement to purchase a radio station after it expended attorneys' fees in defense of a suit by several plaintiffs who alleged

  • Department of Transp. v. Morris

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: Robert B. Smith, Jesup, for appellee.
    Case Number: A03A1226

    The condemnee failed to produce any evidence to support an award of consequential damages after part of his land was condemned for a road right-o

  • Wiseley v. State

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Harold A. Sturdivant and Michele W. Ogletree Sullivan & Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Thomaston, and Josh W. Thacker, Assistant District Attorney, Griffin, for appellee.
    Case Number: A03A2007

    The state failed to prove that the pro damage to two vending machines exceeded $500 as required to sustain a conviction for second degree criminal damage to pro

  • Smith v. State

    Publication Date: 2003-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert S. McPhail, Butler, for appellant.
    for defendant: John G. Conger, District Attorney, Mark C. Post and William D. Kelly Jr., Assistant District Attorneys, Columbus, for appellee.
    Case Number: A03A1921

    A sufficient factual basis authorized the investigating officer to issue a BOLO for a gray Mustang with chrome wheels and justified the investigative stop of defendant's car, which matched that desc

  • Vickers v. Merry Land & Inv. Co. Inc.

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David E. Betts Betts & Katz, Atlanta, for appellant.
    for defendant: Joseph P. Quirk and Brendan H. Parnell Quirk & Quirk PC, Atlanta, for appellee. Other party representation: Steven R. Press and Fredric Chaiken Kaufman, Chaiken, Miller & Florfein, Atlanta.
    Case Number: A03A1089

    Where plaintiff did not show that she was unlawfully dispossessed, she could not maintain an independent tort claim for unlawful dispossession against her landlord's alleged