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  • Wiggins v. State

    Publication Date: 2013-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A13A1647

    The evidence showed that, although the officer did not discover marijuana on the defendant's person during a pat-down search, the defendant possessed marijuana and placed it behind or under the back

  • Mitchell v. State

    Publication Date: 2013-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1393; A13A1394

    Police violated the defendants' Fourth Amendment rights when intruding into their yard during a h for a criminal and the odor of marijuana they observed during that intrusion could not support

  • Aubain-Gray v. Hobby Lobby Stores Inc.

    Publication Date: 2013-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Sabrina Parker, Norcross, for appellant.
    for defendant: . James Scarbrough Mabry & McClelland LLP, Atlanta, for appellee.
    Case Number: A13A1042

    No evidence showed that the defendant craft store could have reasonably expected, absent exceptional circumstances, that a customer would view a multi-piece candle holder as a 1-piece vase, and so h

  • Bailey v. State

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A13A1084

    The trial court erred in instructing the jury that the Intoxilyzer 5000 breath test had a conclusive presumption of val

  • State v. Graves

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Amy Godfrey and Sandra Wisenbaker Solicitor General's Office, Newnan, for appellant.
    for defendant: Christopher Brown and John Miller Miller & Brown PC, Fayetteville, for appellee.
    Case Number: A13A0355

    The trial court erred in addressing on for new trial the defendant's claim that the accusation was fatally defective, as such a claim can only be made by a pre-trial general demurrer or by a

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  • Maddox v. State

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Bradford Morris and Clinton Teston Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A13A0795

    The State was not required to prove that the defendant had sole constructive possession of the contraband, as proof of joint constructive possession was sufficient to obtain a conviction for cocaine

  • Baker v. Huff

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0255; A13A0256; A13A0257

    The defendant insurance company's failure to accept a settlement offer within the 10-day deadline imposed was not unreasonable because it was impossible under the circumstances for the company to ob

  • Fletcher v. C. W. Matthews Contracting Co. Inc.

    Publication Date: 2013-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carl Anderson Hawkins Parnell Thackston & Young LLP, Atlanta, for appellant.
    for defendant: Christopher Mingledorff Moore Ingram Johnson & Steele LLP, Marietta, for appellee.
    Case Number: A13A0409

    The trial court erred in failing to grant the defendant's motion for j.n.o.v. on the plaintiff's claim for attorneys' fees under O.C.G.A. § 13-6-11, as no evidence showed that the defendant breached

  • Elrod v. Sunflower Meadows Dev. LLC

    Publication Date: 2013-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Warren Power Power, Jaugstetter & Futch PC, McDonough, for appellant.
    for defendant: . Gregory Hecht and Joseph Cloud Hecht Walker, Stockbridge, for appellees.
    Case Number: A13A0529

    The defendant was properly allowed to withdraw its admissions, since it presented credible evidence to refute its admissions, its motion to withdraw its admissions was not solely interposed for dela

  • Ferrell v. Young

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Adam Appel Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Michael Harper, Atlanta, for appellee. Other party representation: Samuel S. Olens, Attorney General, and Devon Orland, Assistant Attorney General, Atlanta.
    Case Number: A13A0560

    The superior court erred in denying the defendant's motion to open default, as it improperly found that he failed to comply with two of the four necessary conditions and thus that it lacked discreti