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  • Wilson v. The Auto. Ins. Co. of Hartford, Conn.

    Publication Date: 2013-06-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: John M. Hyatt Hyatt & Hyatt PC, George H. Carley Carley, Gregory & Gregory, Decatur, Hardy Gregory Jr., Antoinette D. Gregory Carley, Gregory & Gregory, Cordele, and William R. Moody Jr., McDonough, for appellant.
    for defendant: . David M. Atkinson and Katherine J. Merriam Magill Atkinson Dermer LLP, Atlanta, for appellee.
    Case Number: S13Q0212

    Applying an amendment to O.C.G.A. § 33-7-11 that exempts umbrella insurance policies from mandatory uninsured motorist coverage to the renewal of a policy issued prior to the adoption of the amendm

  • Williams v. Williams

    Publication Date: 2013-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Shana M. Rooks Shana M. Rooks & Associates LLC, Jonesboro, for appellant.
    for defendant: Leah R. Brown, Alpharetta, for appellee.
    Case Number: S13A0238

    The trial court erred in its determination of the ex-husband's gross monthly income for purposes of determining the amount he owed to his ex-wife for child su

  • Shaw v. State

    Publication Date: 2013-05-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Gary W. Jones, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, John R. Edwards, Irvan A. Pearlberg, Daniel J. Quinn, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0061

    The defendant could not show that the trial court's failure to charge the jury on duty to retreat probably affected the outcome of his trial, since the jury was extensively charged on self-defense,

  • Williams v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, Arvo H. Henifin, Assistant District Attorney, Savannah, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason C. Fisher Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0292

    The trial court properly limited the defendant's cross-examination of a prosecution witness regarding a prior criminal case, since there were no charges pending against the witness that might have

  • Yancey v. State

    Publication Date: 2013-05-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Long D. Vo Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Clint C. Malcolm, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0096

    The trial court properly permitted the State's witnesses to testify about the defendant's exercise of his right to remain silent based on his refusal to draw a diagram of the murder scene during his

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Leach v. Malcom

    Publication Date: 2013-05-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Lori B. Duff, Loganville, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Joseph J. Drolet, Senior Assistant Attorney General, Atlanta, for appellees.
    Case Number: S13A0568

    The trial court properly dismissed the mandamus petition seeking to compel a probation officer to consent to the petitioner's change of residence, as the petitioner failed to show that he was otherw

  • Dodson v. State

    Publication Date: 2013-04-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jerry W. Brimberry Brimberry, Kaplan & Brimberry PC, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Matthew Breedon, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Benjamin H. Pierman, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0446

    The record supported the defendant's conviction for the murder of his 82-year-old neighbor, since the victim died from an infection caused by a dislodged feeding tube, which was required due to the

  • Johnson v. State

    Publication Date: 2013-04-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Anthony S. Carter, Monroe, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Anne M. Kurtz, and Benjamin H. Pierman, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S13A0209

    The record belied the defendant's claim that the victim provoked him and that he was in fear for his safety, thus the trial court properly declined to charge the jury on voluntary manslaughter as a

  • Jones v. State

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James N. Finkelstein, Albany, for appellant.
    for defendant: George W. Edwards, District Attorney, Matthew Breedon, Chief Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S12A1626

    The trial court erred in failing to admonish the prosecutor, give a curative jury instruction or order a mistrial, when the prosecutor stated in closing argument that the defendant was at an earlier

  • Black v. Black

    Publication Date: 2013-03-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Susan D. Raymond and John C. Wilson Hogue & Hogue, Macon, for appellant.
    for defendant: A. James Rockefeller Rockefeller Law Center PC, Warner Robins, for appellee.
    Case Number: S12F1502

    The trial court erred in deviating from the presumptive amount of child support to account for life insurance premiums without making all of the required written findings to support such a devi