• Ditman v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.

    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Thomas v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: Plez H. Hardin, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellee.

    Case Number: A09A2116

    The trial court erred in denying the defendant's motion to suppress evidence obtained through an illegal police detention and pat-down s

  • Bright v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Christopher G. Paul Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Richard A. Hull, Assistant District Attorney, Cartersville, for appellee.

    Case Number: A09A2323

    Evidence that the defendant was intoxicated on the night in question supported the trial court's charge on voluntary intoxic

  • King v. Pioneer Reg. Ed. Service Agency

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: E. Wycliffe Orr Sr., Gainesville, for appellant.
    for defendant: Phillip L. Hartley, Gainesville, Thurbert E. Baker, Attorney General, Jennifer L. Dalton, Robert C. Edwards, Assistant Attorneys General, and Harry W. Bassler Crim & Bassler, Atlanta, for appellee. Other party representation: Jonathan Zimring Zimring Law Firm, Decatur.

    Case Number: A09A1567

    The Individuals with Disabilities Education Act does not impose tort liability upon the DOE, because the purpose of the act is to ensure that all children with disabilities have available opportunit

  • Collins v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.

    Case Number: A09A2094

    Absent a proffer, the defendant could not show that his trial counsel was deficient for failing to call character witnesses to testify on the defendant's b

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  • Harrell v. Georgia Dept. of Human Resources ex rel. Harrell

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Carol L. Lawing, Smyrna, and Thurbert E. Baker, Attorney General, and Mark J. Cicero, Assistant Attorney General, Atlanta, for appellee.

    Case Number: A09A1866

    The trial court erred in failing to hold a hearing prior to imposing discovery sanctions and the sanctions were unduly s

  • Gallagher v. The Fiderion Group LLC

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William L. Pratt Irvin & Kessler LLP, Atlanta, for appellant.
    for defendant: Halsey G. Knapp Jr. Foltz Martin LLC and Arthur B. Baer Drew Eckl & Farnham LLP, Atlanta, for appellees.

    Case Number: A09A2247

    The appellee's voluntary dismissal without prejudice divested the trial court of jurisdiction, therefore, the trial court's subsequent criminal contempt order against the appellant was a nu

  • Sunbelt Asphalt Products, Inc. v. American Saturated Felt, Inc.

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stanley E. Kreimer Jr., Atlanta, for appellant.
    for defendant: Aaron B. Chausmer and Benjamin I. Fink Berman Fink Van Horn PC, Atlanta, for appellee.

    Case Number: A09A1821

    In the absence of a transcript, the trial court's judgment was presumably co

  • Peach Blossom Dev. Co. Inc. v. Lowe Electric Supply Co.

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: G. E. Adams, Warner Robins, for appellant.
    for defendant: . Larry A. Williams, Macon, for appellee.

    Case Number: A09A1698

    A question of fact existed as to the amount owed on the open ac

  • Hampton Island Club LLC v. B2 Creative Inc.

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Albert A. Chapar Jr. and Rebecca E. Strickland The Chapar Firm LLC, Conyers, for appellant.
    for defendant: Robert W. Hughes Jr. Hughes & Associates PC, Stone Mountain, for appellee.

    Case Number: A09A2037

    Fact questions existed as to whether the defendant breached the contract when it refused to make the second pa