• Tidwell v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Walker L. Chandler Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A10A2183

    The trial court erred in excluding, under the Rape Shield Statute, evidence that one of the victims was having sex with her boyfriend, since the evidence was relevant to an issue other than co

  • Formaro v. Suntrust Bank

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William R. Carlisle Jr. Carlisle Law Firm LLC, Lawrenceville, for appellant.
    for defendant: Craig B. Lefkoff Lefkoff, Rubin & Gleason PC, Atlanta, for appellee.

    Case Number: A10A2139

    A third-party check marked "payment in full" did not did not meet the criteria of OCGA § 13-4-103 b for an accord and satisfaction, because neither the check, nor the attached cover letter amounted

  • Sugarloaf Mills Ltd. Partnership of Ga. V. Record Town Inc.

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James A. Gober Arnall, Golden & Gregory LLP, Atlanta, for appellant.
    for defendant: Carol V. Clark Carol Clark Law, Atlanta, and James B. McClung, Suwanee, for appellee.

    Case Number: A10A2194

    The tenant, as the prevailing party, was entitled to attorneys' fees pursuant to the contractual provisions of the parties'

  • Jackson v. State

    Publication Date: 2010-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Derrick B. Jackson, Mt. Vernon, proceeded pro se. Fredric D. Bright, District Attorney, Milledgeville, and Shelley S. Tice, Assistant District Attorney, Irwinton, for appellee.
    for defendant:

    Case Number: A10A1486

    The defendant's filed his untimely speedy trial demand two court terms after the term in which he was ind

  • Gutierrez v. State

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: James B. Smith, District Attorney, and Deborah S. Wilbanks, Assistant District Attorney, Winder, for appellee.

    Case Number: A10A1469

    The trial court lacked authority under O.C.G.A. § 15-11-28 b 2 B to transfer the defendant's case to juvenile support, once it determined that the facts alleged sufficiently supported the armed robb

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  • Polk County v. Ellington

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael A. O'Quinn O'Quinn & Cronin, McDonough, for appellant.
    for defendant: . Roy E. Barnes, James C. Tribble, John R. Bevis The Barnes Law Group LLC, Marietta, Robert L. Berry Jr. and Stephen B. Moseley Brinson, Askew, Berry, Rich, Seigler & Richardson, Rome, for appellees.

    Case Number: A10A1792

    The County did not waive sovereign immunity for the defendants' actions in their official capacities under O.C.G.A. § 33-24-51, since no evidence showed that the responding ambulance and its use pla

  • Holsey v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor General, Fayetteville, for appellee.

    Case Number: A10A1978

    Officer's search of defendant's vehicle was not a proper search incident to an arrest, since defendant was not within reaching distance of the passenger compartment and there was no reasonable beli

  • Dawkins & Smith Homes LLC v. Lowndes County, Ga.

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert A. Plumb Jr. Langdale Vallotton Linahan Wetherington, Valdosta, for appellant.
    for defendant: . Walter G. Elliott II Elliott & Blackburn, Valdosta, for appellees.

    Case Number: A10A1741

    An easement violated county zoning ordinances, since it was not incidental and subordinate to the primary use of lot in question and was not used as a single-family resi

  • Giacomantonio v. Romagnoli

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John M. Gross and Ramsey A. Knowles Taylor English Duma LLP, Atlanta, for appellant.
    for defendant: . Walter H. Bush Jr. and Christopher B. Freeman Carlton Fields PA, Atlanta, for appellees.

    Case Number: A10A1934

    The appellant could ssert that he was entitled to injunctive relief, which would maker parts of the parties' restaurant operation and supply companies' operating agreements invalid, since he di

  • Galindo-Eriza v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. McDaniel, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A10A1873

    Occupants of house in which officers attempted to conduct a knock and talk were ' "completely free to exercise their right to ignore the police and lea