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  • Rois-Mendez v. Stamps

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Armando F. Rois-Mendez, Suwanee, for appellant. Robert H. Stansfield and Frank B. Turner Jr., Covington, for appellees.
    for defendant:
    Case Number: A11A1338

    The trial court did not abuse its discretion in dismissing the defendant's appeal based on his inexcusable delay in filing the trans

  • Bizzard v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Craig T. Pearson Public Defender's Office, Hinesville, for appellant. John T. Durden Jr., District Attorney, and Russell B. Mabrey Jr., Assistant District Attorney, Hinesville, for appellee.
    for defendant:
    Case Number: A11A1386

    The Court reversed the defendant's conviction for the aggravated battery of his wife because the state failed to prove

  • Robinson v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant. Julia A. Slater, District Attorney, and Douglas L. Breault, Assistant District Attorney, Columbus, for appellee.
    for defendant:
    Case Number: A11A0971

    The trial court did not abuse its discretion in denying the defendant's mistrial motion after his co-indictee testified about her guilty plea, as it sustained the defendant's objection and gave a t

  • Culpepper v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Daniel B. Kane, Atlanta, for appellant. Robert D. James Jr., District Attorney, Jennifer L. Little and Deborah D. Wellborn, Assistant District Attorneys, Decatur, for appellee.
    for defendant:
    Case Number: A11A1156

    The trial court did not err in denying the defendant's motion to suppress evidence recovered from his rental car, as the officer had reasonable grounds for detainin

  • Lewis v. Capital Bank

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: John P. Konvalinka and David C. Higney Grant, Konvalinka & Harrison PC, Chattanooga, Tenn., for appellant. Gary L. Henry Gearhiser, Peters, Cavett, Elliott & Cannon PLLC, Chattanooga, Tenn., for appellee.
    for defendant:
    Case Number: A11A1989

    The trial court erred in denying the defendant's motion to set aside the default judgment entered against him after he failed to answer the summons in a garnishment proceeding, as the summons was d

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  • Higginbotham v. Knight

    Publication Date: 2011-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Daniel W. White, Douglas R. Haynie Haynie, Litchfield & Crane PC, Marietta, and Barbara A. Sosebee, Blue Ridge, for appellants. James A. Balli Sams, Larkin & Huff LLP, Marietta, for appellee.
    for defendant:
    Case Number: A11A1036

    The trial court erred in finding that the plaintiff has an easement across the defendants' lots, even though all lot owners were bound by an agreement granting an easement along the road system wit

  • In the Interest of H. A.

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Randee J. Waldman, Atlanta, for appellant. Robert D. James Jr., District Attorney, and Robert H. Wilson, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A11A0828

    The juvenile's fingerprint found on a bottle of tonic water that was moved during the burglary supported his delinquency adjudic

  • Herbert v. State

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, for appellee.
    Case Number: A11A1240

    The defendant violated a protective order when he approached the victim and their infant daughter, threatened to knock the victim's block off, swung at her with his fists and warned her to leave Da

  • Strength v. Lovett

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James E. Ellison Burnside, Wall, Daniel & Ellison, Augusta, for appellant.
    for defendant: Richard W. Hendrix Finch McCranie LLP, Atlanta, and Randolph Frails, Augusta, for appellees.
    Case Number: A11A0672

    The case was remanded for the trial court to address cause in fact, since the county sheriff properly raised the question of whether a driver, who was fleeing a traffic stop, might still have caused

  • McMillian v. McMillian

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: David N. Bryman Bryman & Clerke PA, Marietta, for appellant.
    for defendant: Gary W. Bross, Lawrenceville, for appellee.
    Case Number: A11A0079

    The trial court erred in precluding discovery of the defending company's financial records on the grounds that they were irrelevant to the measure of damages for the loss of a prospective business o