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  • Blackmon v. Tenet Healthsystem Spalding Inc.

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas D. Trask and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for Blackmon. Thomas S. Carlock and Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, for Webb and others. Kevin P. Race and Brian K. Mathis Insley & Race LLC, for Tenet Heathsystem.
    for defendant:
    Case Number: A07A1840; A07A2284; A07A2283

    The decedent's mother lacked standing to bring a wrongful death action in state court where the decedent's spouse survive

  • In re Estate of Huff

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brent J. Kaplan Robins, Kaplan, Miller & Ciresi, Atlanta, for appellant.
    for defendant: Burke B. Johnson Buckley King, Michael L. Neff, Atlanta, and Bonnie L. Baker Meadows & Lewis PC, Stockbridge, for appellee.
    Case Number: A07A1972

    Some evidence supported the probate court's finding that the parties never finalized an alleged settl agre

  • Blocker v. Wal-Mart Stores Inc.

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: Brenda K. Katz and Kelly J. Shepherd Drew, Eckl & Farnham LLP, Brunswick, for appellee.
    Case Number: A07A1855

    The defendant did not show, as matter of law, that it lacked constructive knowledge of the grape upon which the plaintiff slipped and fell, since the defendant failed to present evidence showing tha

  • Wright v. State

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    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: A07A1938

    The trial court in intentionally eliciting evidence of and commenting on the defendant's invocation of his Miranda r

  • Mitchell v. State

    Publication Date: 2007-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A07A2053

    Evidence that the defendant gave the victim drugs before some of their sexual encounters was admissible as part of the res g

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Green v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Barbara B. Claridge, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A07A1773

    Bullets, ' "unlike fungible articles, can be distinct and recognizable physical objects that can be identified by observation, eliminating the necessity of a chain-of-custody showi

  • Garland, Samuel & Loeb PC v. American Safety Cas. Ins. Co.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Williston C. White Williston C. White & Assocs. PC, Atlanta, for appellant.
    for defendant: . Terry R. Howell and Jonathan D. Kramer Fields Howell Athans & McLaughlin, Atlanta, for appellee.
    Case Number: A07A1900

    Professional liability insurance policies do not provide coverage for claims arising solely from contractual disputes, which do not arise from the rendering of professional services as an att

  • Samda Investment Group LLC v. Western Surety Co.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David C. Farshy, Atlanta, for appellant.
    for defendant: . John B. Lyle Lyle-Detling LLC, Marietta, for appellee.
    Case Number: A07A1879

    The guarantor of a indemnity agreement arising out of a surety was estopped from asserting the lack of the principal's signature as a ground to invalidate the

  • Patterson v. State

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Linda T. Day, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Reuben M. Green and John R. Edwards, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A07A1659

    The trial court erred in allowing an officer to testimony regarding his telephone conversation with someone, who identified himself as defendant, since the evidence was insufficient to authenticate

  • Hicks v. State

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Douglas R. Woodruff, Public Defender, Trenton, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, for appellee.
    Case Number: A07A1796

    No exigent circumstances justified the warrantless search of the defendant's entire residence after officers handcuffed him and placed him outside the residence with an officer watchin