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Publication Date: 2013-09-26
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Melody S. Swilling, Elizabeth J. Kuhn Hait, Eichelzer & Kuhn, Woodstock, and Miles W. Rich, Roswell, for appellant.
for defendant: Thomas E. Cauthorn III Cauthorn Nohr & Owen, and Leslie A. D. O'Neal O'Dell & O'Neal PC, Marietta, for appellee.
Case Number: S13A0911; S13A0912
The trial court did not clearly abuse its discretion in awarding the father sole custody of the parties' two children based on evidence of changed circumstances less than three months following the
Publication Date: 2013-09-26
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
for defendant: Julia A. F. Slater, District Attorney, Columbus, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine T. Parvis, Assistant Attorney General, and Laura J. Murphree Prosecuting Attorney's Council, Atlanta, for appellee.
Case Number: S13A0830
No evidence showed that the victim's fatal injury was inflicted anywhere other than in the county where police found his body and where the evidence showed he
Publication Date: 2013-09-12
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine T. Parvis, Assistant Attorney General, Atlanta, for appellee.
Case Number: S13A0794
The trial court applied the wrong standard to the general grounds of the defendant's motion for new trial on his convictions for murder and related c
Publication Date: 2013-09-12
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Harold W. Wallace III Public Defender's Office, Thomson, for appellant.
for defendant: Kenneth W. Mauldin, District Attorney, Anthony Volkodav Jr., Assistant District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Zisook, Assistant Attorney General, Atlanta, for appellee.
Case Number: S13A0902
The defendant failed to show prejudice from his counsel's alleged deficiency in not obtaining a psychological evaluation of him, since there was no evidence of the defendant's unspecified mental hea
Publication Date: 2013-09-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Leo J. Kight Jr. Public Defender's Office, Forsyth, for appellant.
for defendant: Richard G. Milam, District Attorney, Jackson, Mark S. Daniel, Assistant District Attorney, Forsyth, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine T. Parvis, Assistant Attorney General, Atlanta, for appellee.
Case Number: S13A1002
The 15 years of imprisonment that the trial court imposed for the defendant's unlawful possession of a firearm during the commission of a felony conviction exceeded the 5-10 years of imprisonment th
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2013-09-11
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: David C. Abbott The Abbott Law Firm PC, McDonough, for appellant.
for defendant: Lee Darragh, District Attorney, and Wanda L. Vance, Assistant District Attorney, Gainesville, for appellee.
Case Number: S13G0198
The defendant could not assert a claim that his conviction was unlawful in an untimely motion to vacate his sentence simply by framing it as a claim that his sentence was
Publication Date: 2013-07-18
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Julie A. Lierly, Caroline W. Spangenberg, and Ellen P. McCarley Kilpatrick Townsend & Stockton LLP, Atlanta, for appellant.
for defendant: Amicus Appellant: Anthony P. Tatum King & Spalding LLP, Atlanta, Kevin P. Branch, Dana M. Mango McMickle, Kurey & Branch LLP, Alpharetta, Zachary D. Tripp, Martin M. McNerney, Taylor T. Lankford King & Spalding LLP, Washington, D. C., and Ryan M. Suerth, Madison, Conn. Michael P. Bruyere Freeman Mathis & Gary LLP, and Ann T. Kirk Fields Howell Athans & McLaughlin LLP, Atlanta, for appellee. Amicus Appellee: Linda B. Foster Weissman, Nowack, Curry & Wilco PC, John S. Berry McKenna, Long & Aldridge LLP, Atlanta, Laura Foggan, and Matthew W. Beato Wiley Rein LLP, Washington, D. C.
Case Number: S13Q0462
The Supreme Court answered two certified questions related a standard commercial general liability insurance p
Publication Date: 2013-07-03
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Julia A. F. Slater, District Attorney, William D. Kelly Jr., Assistant District Attorney, Columbus, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Dana E. Weinberger, and Sabrina D. Graham, Assistant Attorneys General, Atlanta, for appellant.
for defendant: William J. Mason, Columbus, for appellee.
Case Number: S13A0132
The defendant's sentencing counsel was not required to present all mitigating evidence in opposition to the death penalty, and his strategic decision to not present some evidence was reaso
Publication Date: 2013-06-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Alan Mullinax, Zachary R. Stepp Alan Mullinax & Associates PC, Lawrenceville, and Jan McKinney, Norcross, for appellant.
for defendant: Erin S. Stone and Winfield L. Pollidore Bovis, Kyle, Burch & Medlin LLC, Atlanta, for appellee.
Case Number: S13F0408
The trial court did not clearly err in assigning the entirety of the wife's indebtedness for attending law school to her when equitably dividing the marital assets and debts, based on a finding that
Publication Date: 2013-06-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Blackwell, Keith R.
Attorneys: For plaintiff: Carl P. Greenberg, Michael W. Tarleton, Margaret E. Flynt, Mark A. Begnaud, Brandon A. Bullard, Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, and James A. Yancey Jr, Brunswick, for appellant.
for defendant: Jacquelyn L. Johnson, District Attorney, Woodbine, John B. Johnson III, Assistant District Attorney, Jesup, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Dana E. Weinberger, Sabrina D. Graham, and Lyndsey J. Hurst, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Richard A. Malone, District Attorney, Jesup, Brian Kammer Georgia Resource Center, and Charles A. Spahos Prosecuting Attorneys' Council of Georgia, Atlanta.
Case Number: S13P0210
The trial court properly declined to strike a prospective juror who stated in voir dire that he would not be able to consider the possibility of parole for a defendant convicted of murder if the mur
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