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  • Outlaw v. State

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Grayson P. Lane Lane & Crowe PC and Newell M. Hamilton Jr., Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, James J. Presswood Jr. and George C. Turner Jr., Assistant District Attorneys, Woodbine, for appellee.
    Case Number: A01A0137

    The state did not improperly impeach its own witness by presenting evidence that the officer read defendant the correct implied consent warning because that evidence was inconsistent with the office

  • Nunley v. Nunley

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: George J. Thomas II, Waleska, for appellant.
    for defendant: . John C. Dabney Jr. Johnson & Ward, Atlanta, for appellee.
    Case Number: A01A0163

    The plaintiffs failed to introduce evidence of damages in their suit arising out of a partnership di

  • McClelland v. Courson's 441 S. Station Inc.

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Betty Walker-Lanier, Tifton, for appellant.
    for defendant: James D. Hudson, Douglas, for appellees.
    Case Number: A00A1827

    Defendant's failure to verify a form affidavit claiming that plaintiff forged a check raised a jury issue as to the reasonableness of defendant's conduct in having the plaintiff arr

  • Magnolia Court Apartments Inc. v. City of Atlanta

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Moreton Rolleston Jr., Atlanta, for appellant.
    for defendant: Bernard R. Thomas Sr., Senior Assistant City Attorney, and Susan P. Langford City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: A00A1929

    Plaintiff failed to file the hearing transcript and did not cite the record or case law in its 5-sentence appellate

  • Jackson v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David T. Wooten, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and John A. Pursley, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A2572

    Defendant was not entitled to a charge on the lesser included offense of ro by intimidation because the evidence showed that he used a knife in the course of the ro

  • Law Journal Press | Digital Book

    Environmental Enforcement: Civil and Criminal

    Authors: Daniel Riesel

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  • Wagner v. Pierce

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James B. Drew Jr., Atlanta, for appellant.
    for defendant: Tammi M. Berden Duncan & Mangiafico PC, Atlanta, for appellee.
    Case Number: A00A2353

    Evidence that the plaintiff was injured when he cut in front of defendant's jet ski to jump a wave supported the jury's finding that plaintiff was at least 50 percent negl

  • Cockrell v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A01A0411

    The variance between the name one of the victims gave police at the time of the crimes and her testimony at trial was not fatal because it was attributable to her use of an

  • Powles v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A2181

    Defendant's four convictions for aggravated assault on a peace officer did not merge because each count required proof that a different officer was placed in reasonable apprehension of immediate vio

  • Rocha v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Timothy B. Lumpkin and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A2410

    Prospective jurors in a sex crime trial who describe a prior sexual abuse life experience are not subject to automatic removal for

  • Dorsey Trailers Inc. v. Knight

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James T. Foley, Tyler, Alan R. Perry Jr., George W. Austin III and Robert P. Marcovitch Kilpatrick Stockton LLP, Atlanta, for Dorsey. Yehuda Smolar, James I. Seifter, G. Grant Brantley, Barry L. Roseman Smolar, Roseman, Brantley & Seifter, Atlanta, and Hardy Gregory Jr. Gregory, Christy & Maniklal, Cordele, for Knight. Albert H. Parnell and Kristine B. Morain Hawkins & Parnell, Atlanta, for Mobile Tool Int'l. Other party representation: William A. Posey, Joseph M. Callow Jr. Keating, Muething & Klekamp, Cincinnati, Ohio, A Timothy Jones Hawkins & Parnell, and Ben L. Weinberg Jr. Long, Weinberg, Ansley & Wheeler, Atlanta.
    for defendant:
    Case Number: A00A1985; A00A1986; A00A1987

    Under the rule of lex fori, the trial court properly applied Georgia's 10-year statute of repose to the plaintiffs' product liability c