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  • State v. Towe

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Roger Queen, District Attorney, Ellijay, and William W. Fincher III, Assistant District Attorney, Blue Ridge, for appellant.
    for defendant: William L. Reilly, Blue Ridge, for appellees.
    Case Number: A00A1140

    The 13-day time lapse between the corroboration of the informant's tip and the issuance of the search w did not prevent a finding of probable cause to believe that the evidence sought in the

  • Hameen v. State

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paul W. David and Charles H.S. Lyons III, Augusta, for appellant.
    for defendant: . Daniel J. Craig, District Attorney, Charles R. Sheppard and Michael S. Carlson, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A00A1296

    The officers lacked probable cause to stop the defendant's out-of-state vehicle based on a suspected violation of O.C.G.A. § 40-8-73.1 b, which prohibits the operation of motor vehicles with heavily

  • Redfern v. State

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Melvin R. Horne Culpepper & Horne LLC, Cairo, and Robert Culpepper III, Cairo, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Robert R. Auman, Assistant District Attorney, Thomasville, for appellee.
    Case Number: A00A1481

    A television broadcast tower was not a building within the meaning of the burglary statute because it did not provide an enclosure of some type for people, animals or

  • In re Estate of Simms

    Publication Date: 2000-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Tom Pye Chesnut & Livingston PC, Doraville, for appellant.
    for defendant: Robert S. Carlson and Harmon W. Caldwell Jr. Caldwell & Watson, Atlanta, for appellee.
    Case Number: A00A1764

    Executors' appeal of order prohibiting them from using estate funds to defend allegations of maladministration is dismissed for lack of jurisdiction since the probate court had not made a final acc

  • Kennedy v. State

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Larkin M. Lee Virgil Brown & Assocs., Zebulon, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Julianne W. Holliday, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A00A1757

    The officer's examination of the cocaine in defe s presence was not the functional equivalent of express questioning that was likely to elicit an incriminating response from defe

  • Law Journal Press | Digital Book

    Connecticut Medical Malpractice: A Manual of Practice and Procedure, 7th Edition

    Authors: Joyce A. Lagnese, Calum B. Anderson, Frank H. Santoro

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  • U.S. Traffic Corp. v. Turcotte

    Publication Date: 2000-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert A. Parker Jr., Daniel D. Zegura and Jonathan B. Butler Rogers & Hardin LLP, Atlanta, for appellant.
    for defendant: James W. McKenzie Jr., Duluth, for appellee.
    Case Number: A00A1286

    Plaintiff did not waive his affirmative defense of release by not asserting it in a responsive pleading to the defendant's counter

  • Wal-Mart Stores v. Board of Tax Assessors of Fayette County

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edward K. Smith Smith, Gambrell & Russell, Atlanta, for appellant.
    for defendant: Dennis A. Davenport McNally, Fox & Cameron, Fayetteville, for appellee. Other party representation: William B. Wood Smith, Gambrell & Russell, Atlanta, and Steven A. Pickens Webb, Tanner & Powell, Lawrenceville.
    Case Number: A00A1183

    Trial court properly found plaintiff in contempt for failing to turn over subpoenaed documents to local tax auth

  • Tew v. State

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Kristopher Shepherd, Athens, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1635

    Police department's failure to destroy the marijuana used in the reverse sting as required by O.C.G.A. § 16-13-49 u 1 did not violate defendant's constitutional rights, so there was no violation re

  • Stephens v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: . Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A0974, A00A0975

    Trial court impermissibly commented on the evidence by charging that the jury was bound to disbelieve incredible, impossible or inherently improbable testimony, since the defendants' story that the

  • Grey v. Milliken & Company

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donald J. Sharp, Woodstock, and Timothy W. Kneidel Cummins & Kneidel PC, Newnan, for appellant.
    for defendant: John M. Taylor Lewis, Taylor & Lee PC LaGrange, and Alex L. Dixon Lewis, Taylor & Todd LaGrange, for appellee. Other party representation: Thomas L. Schaefer Shivers & Associates, Alpharetta.
    Case Number: A00A1000

    Construction site owner had relinquished control of its property to an independent contractor, so the independent contractor was liable for plaintiff's i