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Publication Date: 2000-05-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Lynn M. Friedewald, Public Defender, Decatur, for appellant.
for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
Case Number: A99A1697
The victim's pediatrician could testify as to whether the victim's medical history was consistent with molestation, so long as she did not give an opinion as to whether the victim was actually mol
Publication Date: 2000-05-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Clinton W. Sitton, Atlanta, Paul Dominick Nexsen, Pruet, Jacobs, Pollard & Robinson, Charleston, S.C. and Claude M. Sitton, Conyers, for appellant.
for defendant: . Steven C. Adams, Cornelia, Lisa C. Tripp and Edward H. Wasmuth Smith, Gambrell & Russell LLP, Allegra J. Lawrence and Teresa W. Roseborough Sutherland, Asbill & Brennan, and James R. Thompson, Atlanta, for appellees. Other party representation: J. Henry Walker IV BellSouth Legal Department, Atlanta.
Case Number: A99A2089
Plaintiffs' claims against several telephone companies for violating O.C.G.A. § 46-2-25.1 and 46-2-25.2 failed because those statutes govern only the Public Service Commission, not telecommunication
Publication Date: 2000-05-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Stephen D. Kelley, District Attorney, and James J. Presswood Jr., Assistant District Attorney, Brunswick, for appellant.
for defendant: James J. McGinnis and Mark J. Kadish, Atlanta, for appellee.
Case Number: A99A2256
The officer had no right to detain the defendants and search their vehicle after he terminated the initial traffic stop and told them that they were free to
Publication Date: 2000-05-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
for defendant: Patrick H. Head, District Attorney, Irvan A. Pearlberg, Debra H. Bernes and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
Case Number: A99A1840
Opinion testimony from officers with extensive training in the narcotics field that the substance found in defendant's apartment was marijuana, along with the presence of drug paraphernalia, support
Publication Date: 2000-04-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Alfred D. Dixon, David E. Langford, and Elizabeth A. Baker, Assistant District Attorneys, Atlanta, for appellant.
for defendant: Larry D. Wolfe and Bruce S. Harvey, Atlanta, for appellee.
Case Number: A00A0139
The fact that officers set up a roadblock in an area where they were likely to find individuals driving under the influence of drugs did not make the roadblock unreaso
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Authors: Jason D. Krieser, Shawn C. Helms, Heather S. Bethancourt
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Publication Date: 2000-04-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Thomas H. Hinson II Westmoreland, Patterson & Moseley, Macon, for appellant.
for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston, Senior Assistant Attorney General, Marla-Deen Brooks and Brenda A. Raspberry, Assistant Attorneys General, Atlanta, for appellee.
Case Number: A98A1972
The Court of Appeals adopts the Supreme Court's judgment that the discretionary function exception of the Georgia Tort Claims Act applies only to a state employee's exercise of judgment involving ma
Publication Date: 2000-04-21
Practice Area:
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Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff:
for defendant:
Case Number: A00A0203
The defendant voluntarily waived his rights to appeal his robbery and aggravated assault convictions when he escaped from custody and fled the state prior to his sente
Publication Date: 2000-04-21
Practice Area:
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Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Warren R. Power Power & Westbury LLP, Stockbridge, for appellant.
for defendant: Katharyne C. Johnson Smith, Welch & Brittain, McDonough, for appellees.
Case Number: A99A1829
The trial court had no authority to open the defendant's default under O.C.G.A. § 9-11-55 b without considering whether the plaintiff's final judgment could be set aside pursuant to O.C.G.A. § 9-11
Publication Date: 2000-04-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
for defendant: Robert E. Keller, District Attorney, and Jay M. Jackson, Assistant District Attorney, Jonesboro, for appellee.
Case Number: A00A0329
The trial court did not improperly inject itself into the defendant's plea negotiations when it informed the defendant that he could enter a non-neg d plea or go to trial after he failed to ne
Publication Date: 2000-04-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, Debra H. Bernes, John C. Richter, and Maria B. Golick, Assistant District Attorneys, Marietta, for appellee.
Case Number: A00A0613
The jury could find that the defendant was a party to the armed robbery since he admitted that he drove his co-defendants to the crime scene, knew they had guns, watched them rob the restaurant and
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