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Publication Date: 2009-03-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Robert D. James Jr., Solicitor General, and LeRoya R. Jennings, Assistant Solicitor General, Decatur, for appellant.
for defendant: Dennis R. Fortin and Thais A. Fortin, Decatur, for appellee.
Case Number: A09A0614
The defendant was immune from prosecution under O.C.G.A. § 16-3-24.2, since he was acting in self-de
Publication Date: 2009-03-06
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Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Albert L. Norton Jr., Alpharetta, and Meredith W. Germain Norton & Assocs. PC, Marietta, for appellant.
for defendant: . Mitchell S. Rosen Kitchens, Kelley & Gaynes PC, Atlanta, for appellee.
Case Number: A09A0341
The creditor was barred from pursuing a deficiency judgment, because the creditor failed to secure judicial confirmation of the foreclosure sale of the secured pro
Publication Date: 2009-03-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Jamie L. Smith, Marietta, and Kevin J. Rogers, Smyrna, for appellant.
for defendant: Patrick H. Head, District Attorney, and Carrie T. Harris, Assistant District Attorney, Marietta, for appellee.
Case Number: A09A0462
The trial court erred in finding the juvenile committed criminal damage to property in the second degree, si e state failed to provide any evidence regarding the broken window's value, but evid
Publication Date: 2009-02-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Robert J. Proctor and Cristine L. Patterson Proctor Hutchins, Atlanta, for appellant.
for defendant: James C. Clark Jr. Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellee. Other party representation: Travis C. Hargrove, Columbus, T. Jerry Jackson, Kevin G. Meeks Troutman Sanders LLP, Atlanta, and Michael T. Smith Andrew, Merritt, Reilly & Smith, Lawrenceville.
Case Number: A09A0269
The county's contract with its collection agent was illegal and unenforceable, since the contract provided for the imposition and collection of levy administration fees in excess of the authorized f
Publication Date: 2009-02-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Thomas F. Jones Thomas F. Jones & Assocs., Atlanta, for appellant.
for defendant: Oliver R. Register, Thomasville, for appellees.
Case Number: A09A0370
The plaintiff prematurely filed her motion for a new trial before the trial court entered judgment on the jury's verdict denying her motion to set aside a deed in which she gifted her home to the de
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Publication Date: 2009-02-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
Case Number: A09A0322
Defense counsel's decision to request a charge on the lesser offense of simple battery was not unreasonable, since the charge resulted in defendant's conviction for two misdemeanors, rather than two
Publication Date: 2009-01-30
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Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Robert E. Perrine Jr., Americus, for appellant.
for defendant: Cecilia M. Cooper, District Attorney, Americus, for appellee.
Case Number: A09A0185
The trial court did not abuse its discretion in denying the defendant's generic pretrial request for funds to hire a criminal investigator or in denying his midtrial renewed request for an accident
Publication Date: 2009-01-30
Practice Area:
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Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
Case Number: A09A0272
The state did not have to prove the chain-of-custody of three stolen watches found in the defendant's pocket when he was arrested, since they were non-fungible items, which were readily identif
Publication Date: 2009-01-30
Practice Area:
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Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Maryellen Simmons, Assistant Chief Public Defender, and Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
Case Number: A09A0208
The defendant was not entitled to a separate trial where his trial involved only three jointly-charged defendants, each man's role in the crimes was fairly well-defined and their defenses were not a
Publication Date: 2009-01-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
for defendant: James D. McDade, District Attorney, and Benjamin Von Schuch District Attorney's Office, Douglasville, for appellee.
Case Number: A09A0292
The confrontation right is a trial right that does not apply to transfer hea
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