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  • Schlanger v. State

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Herbert P. Schlanger, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Rebecca S. Walton-McFalls, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A09A1257

    The trial court clearly erred during a third sentencing hearing in increasing the amount of time the defendant served on his convictions and threatening to increase it once again, if the defendant t

  • Sanders v. Graves

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Timothy P. Healy Healy & Svoren, Toccoa, for appellant.
    for defendant: . Michael H. Cummings II, Clayton, for appellee.
    Case Number: A09A1133

    The plaintiff's reached a recorded final resolution of all issues raised in the plaintiff's suit, including her assault and battery

  • Dulcio v. State

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A09A0673

    The defendant was not entitled to a charge on bare suspicion, since the evidence raised more than a mere suspicion of

  • Latty v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: James D. McDade, District Attorney, Jeffrey M. Gore District Attorney's Office, Douglasville, for appellee.
    Case Number: A09A0365

    The defendant testified on direct that he merely gave his co-defendant and the co-defendant's girlfriend a ride and did not know about the methamphetamine in the car, so the state was entitled to cr

  • Hammett v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Farnham Farnham & Rothenberg LLC, Roswell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and William T. Kemp III District Attorney's Office, Decatur, for appellee.
    Case Number: A09A0460

    The defendant failed to show an abuse of discretion or manifest injustice necessary to withdraw his negotiated guilty pleas after he was sent

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  • Edmond v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Grady A. Moore, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A09A0481

    The officers had probable cause to stop the defendant's ve based on the collective knowledge theory and the particularity with which a BOLO described the ve

  • Rey Coliman Contractors Inc. v. PCL Constr. Servs. Inc.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Andrew R. McBride Swift, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: Thomas A. Nash Jr., Savannah, and J. Andrew Williams Moye, O'Brien, O'Rourke, Hogan & Pickert, Maitland, Fla., for appellee.
    Case Number: A09A0106

    The general contractor's failure to post a copy of the Notice of Commencement on the project site did not render the provisions of O.C.G.A. § 44-14-361.5 inapplicable to the subcontractor's material

  • Rolland v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rodney A. Quesenberry, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A0061

    The trial court erred in violation of O.C.G.A. § 17-8-57 in giving a jury charge in which it expressed an opinion that statements a state's witness made were reliable or

  • In the Interest of A. A. M.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chestley N. Merritt, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Johnathan C. Gaskin, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A09A0553

    No evidence showed that the juvenile or an alleged accomplice had possession of the stolen property and no witness to the burglary test

  • Heartwood II LLC v. Jones

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert J. Proctor, Yasha Heidari and Bradley A. Hutchins Proctor Hutchins, Atlanta, for appellant.
    for defendant: Taylor W. Jones Jones, Jensen & Harris and Denval A. Stewart County Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0267

    The trial court erred in failing to grant the appellant's timely motions for oral argument on summary jud