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Publication Date: 2007-02-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: J. Andrew and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, Anthony E. DeNapoli and Lewis S. Fine, Atlanta, for appellee.
for defendant:
Case Number: A06A2449
The trial court properly dismissed the plaintiffs' pro se complaint based on their repeated and wilful failure to appear at their duly-noticed deposi
Publication Date: 2007-01-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Douglas W. McDonald Jr. McDonald & Cody Law Offices, Cornelia, for Davis. Nina M. Svoren and Timothy P. Healy Healy & Svoren, Toccoa, for Smith. Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for the state.
for defendant:
Case Number: A06A1963; A06A1964; A06A1965
The officer had a valid basis to stop the driver's vehicle for violating OCGA § 40-2-41, which requires a vehicle's license plate to be legible at all times, even if the vehicle is not registered in
Publication Date: 2006-11-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Anthony J. Morgese, Woodstock, for appellant.
for defendant: Garry T. Moss, District Attorney, and Susan K. Treadaway, Assistant District Attorney, Canton, for appellee.
Case Number: A06A2426
The trial court did not err in refusing to accept the jury's first verdict of guilty with reasonable doubt as an acquittal and in sending the jury out for further delibera
Publication Date: 2006-11-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Sarah L. Gerwig-Moore Mercer Law School, Macon, for appellant.
for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
Case Number: A06A0969
The trial court did not err in failing to, sua sponte, conduct a hearing on the defendant's competency to stand trial after considering the competency examination report and concluding that the defe
Publication Date: 2006-11-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jeffrey R. Sliz, Lawrenceville, for appellant.
for defendant: Lee Darragh, District Attorney, Dawsonville, and Juliet Aldridge District Attorney's Office, Gainesville, for appellee.
Case Number: A06A2237
The trial court did not err in denying the defendant's motion to suppress because the methamphetamine was legally seized when the officer saw it in plain view during a valid investigative dete
Law Journal Press | Digital Book
Authors: KENNETH DEL VECCHIO
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Publication Date: 2006-10-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jeffrey J. Nix and John D. Mura Troutman Sanders LLP, Atlanta, for appellant.
for defendant: G. Lee Garrett and Randall M. Hawkins Jones, Day, Reavis & Pogue, Atlanta, for appellee.
Case Number: A06A1386
The parties' "fast-track" construction contract placed the risk of construction delays and cost overruns on the plai
Publication Date: 2006-10-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Lloyd N. Bell Jones & Bell LLP, Atlanta, for appellant.
for defendant: . Michael D. St. Amand Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellee.
Case Number: A06A1371
The plaintiffs' homeowners' insurance provided no coverage for the damage to their property due to the collapse of a portion of the home's slab, because the policy unambiguously required that the i
Publication Date: 2006-10-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
Case Number: A06A1581
An interpreter acted as a "mere conduit" under the circumstances, when he translated the defendant's statements to a witness, since there was no evidence that the interpreter had a motive to misrepr
Publication Date: 2006-09-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Robert G. Brazier, Steven G. Hall, Seaton D. Pudom Gambrell & Stolz, Atlanta, Charles W. Byrd and John G. Walker Walker, Hulbert, Gray, Byrd & Christy LLP, Perry, for appellant.
for defendant: . John T. McGoldrick Jr., Michael M. Smith, William H. Larsen Martin, Snow, Grant & Napier, Macon, Walter E. Harrington Jr. and Shirley R. Watson, Warner Robins, for appellees.
Case Number: A04A2109
The test for determining if a statement is slander per se is whether it is recognizable as injurious on its face and if, on its face, it casts aspersions on the plaintiff's reputation, because of th
Publication Date: 2006-09-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Martin L. Fierman, Eatonton, and William R. Turner, Marietta, for appellant.
for defendant: Tanya A. Eades, Duluth, for appellees.
Case Number: A06A1488
The county commission chairperson had the sole authority to hire and fire county empl
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