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  • Konecny v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A11A0184

    The discovery of the victim's body in the defendant's truck corroborated his accomplice's account that the defendant masterminded the arson to destroy evidence at the crime

  • Byrd v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Wayne Jernigan and Jennifer E. Dunlap, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A10A2279

    O.C.G.A. § 17-8-57 required a new trial because the trial court clearly expressed its opinion that the state proved

  • Effingham County v. Rhodes

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Benjamin M. Perkins Oliver Maner LLP, Savannah, for appellant.
    for defendant: . Jeffrey C. Donaldson Donaldson & Bell, Ryburn C. Ratterree, John P. Connell Ellis, Painter, Ratterree & Adams LLP and David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A10A1839

    The plaintiff could not show that a county commissioner's actions with regard to a 3-foot hole in the roadway were ministerial in the absence of evidence of any procedures or instructions with regar

  • State v. Bethel

    Publication Date: 2011-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert E. Brooks Jr., Assistant District Attorney, Cedartown, and Bryan R. Howard, Assistant District Attorney, Buchanan, for appellant.
    for defendant: Oliver J. Browning Jr. Public Defender's Office, Buchanan, for appellee.
    Case Number: A10A1863

    The arresting officer had authority to arrest the defendant when he saw the defendant commit a traffic violation, even though the officer was outside his territorial jurisdi

  • State v. Driggers

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James B. Smith, District Attorney, and Mary E. Forwood, Assistant District Attorney, Winder, for appellant.
    for defendant: William S. Cowsert and Michael S. Broun II Cowsert & Avery, Athens, for appellee.
    Case Number: A10A1971

    Officers had no authority to re-enter the defendant's house, after he refused consent to search and his girlfriend was no longer in d

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Volz v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brittney L. Coons-Long, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A1677

    The trial court did not err in denying the defendant's pre-trial motion to quash his indictment for failing to notify the sheriff's office of his address change for purposes of the state sexual offe

  • Tanner v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gary R. Williams Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A2247

    The defendant failed to avail himself of the trial court's authorization to file a motion to modify his sentence of 100 years, with 30 to serve, within 30

  • Westmoreland v. Jordan Partners LLLP

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: G. Roger Land, Atlanta, for Jordan Partners. Russell L. Adkins Jr. Adkins & Whitfield, Marietta, for Westmoreland.
    for defendant:
    Case Number: A10A1041, A10A1042

    The plaintiff could not maintain its suit, because it was a foreign limited liability limited partnership, not authorized to transact business in G

  • Kaolin v. J.W. Blackshear

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: R. Napier Murphy and Adam J. Hand Murphy & Sibley PC, Macon, for appellant.
    for defendant: Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta.
    Case Number: A10A1216

    An employer must strictly comply with the 60-day notice requirements set forth in O.C.G.A. § 34-9-104 and Board Rule 104 when seeking to reduce benefits following a work re

  • Ramcke v. Georgia Power Co.

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John M. Strain Strain & Rutledge and Genevieve L. Frazier, Rome, for appellant.
    for defendant: . Warner S. Fox, Christopher S. Keith Hawkins, Parnell, Thackston & Young LLP, Atlanta, and Robert M. Brinson, Rome, for appellees.
    Case Number: A10A1607

    In a wrongful death action, appellees had no duty to keep their premises safe for their contractor's invitees, because they surrendered temporary possession and control of the property to the contra