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  • State v. Stewart

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Lee Darragh, District Attorney, Gainesville, and Nathan Kratzert, Dawsonville, for appellant.
    for defendant: Roland Stroberg Myers & Stroberg LLP, Gainesville, and William Mason Mason Bahr LLP, Atlanta, for appellee.
    Case Number: A12A0551

    O.C.G.A. § 16-1-7 b did not bar the defendant's prosecution for making a false statement and tampering with evidence obstruction charges following his arrest for driving with a suspended license bec

  • Scott v. State

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Charles Barrow, Athens, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Marie Greene District Attorney's Office, Monroe, for appellee.
    Case Number: A12A0624

    An inventory search of the defendant's vehicle before impoundment was reasonable where the owner and her companion were arrested and no one remained to safely remove the vehicle from an exit

  • Cantrell v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Travis Williams and H. Morris, Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Juliet Aldridge, District Attorney's Office, Gainesville, for appellee.
    Case Number: A12A0068

    The fact that an apartment complex is under the jurisdiction of a housing authority does not sufficiently establish that it is occupied by low and moderate-income fam

  • Canton Partners v. The Scarbrough Group Inc.

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Edward Webb and G. Lemond Webb, Klase & Lemond LLC, Atlanta, for appellant.
    for defendant: Charles Willis and Mark Degennaro Willis McKenzie LLP, LaGrange, for appellees.
    Case Number: A12A0303

    The superior court erred in dismissing a petition seeking condemnation of a private way for landlocked real property based on lack of standing and res jud

  • Lewis v. Lewis

    Publication Date: 2012-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Rachel Lazarus Gwinnett Legal Aid, Lawrenceville, Deborah Johnson Atlanta Legal Aid Society Inc., Decatur, David Webster and Charles Bliss, Atlanta, for appellant.
    for defendant: Willie Lewis, Lawrenceville, proceeded pro se.
    Case Number: A12A0601

    The trial court abused its discretion in requiring the wife to show that her estranged husband committed a reasonably recent act of physical violence against her, since O.C.G.A. § 19-13-3 only requi

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Solis-Morales v. State

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A0237

    The trial court did not err in allowing the jury to view a video recording of police conducting a search of the defendant's pockets after his arrest, as the circumstances surrounding the discovery o

  • Speedway Motorsports Inc. v. Pinnacle Bank

    Publication Date: 2012-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: A. J. Welch Jr., William A. White, Santana T. Flanigan Smith, Welch, Webb & White LLC, McDonough, Michael G. Adams, A. Todd Sprinkle and Morgan H. Rogers Parker Poe Adams & Bernstein LLP, Charlotte, N.C., for appellant.
    for defendant: . R. Michael Thompson, Delia C. Elder Thompson O'Brien Kemp & Nasuti PC, Norcross, Denise A. Miller Miller & Martin PLLC, Adam L. Hoipkemier Carlton Fields PA, Eugene A. Medori Jr., Atlanta, Thomas T. Tate, Robert M. Reeves, Meredith N. Atwood Andersen Tate & Carr PC, Duluth, John E. Tomlinson, Loganville, and Eric T. Johnson, Woodstock, for appellees.
    Case Number: A11A2350; A11A2351; A11A2352

    The trial court properly dismissed the plaintiff's claims against the beneficiaries of its consultant's life insurance policy, which was allegedly purchased by the consultant using funds misappropri

  • Grave de Peralta v. Blackberry Mountain Ass'n Inc.

    Publication Date: 2012-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Clifford S. Lancey, Ellijay, for appellant.
    for defendant: . Maren R. Cave Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A11A2295

    The defendant homeowners were entitled to summary judgment in the homeowners' association's action alleging that neighborhood covenants prohibit the defendants from renting their home to others for

  • Gwinnett County v. Ascot Inv. Co.

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Richard A. Carothers, Amy B. Cowan and Michael E. Hobbs Carothers & Mitchell LLC, Buford, for appellant.
    for defendant: Steven A. Pickens and Richard L. Tucker Jr. Mahaffey Pickens Tucker LLP, Lawrenceville, for appellees.
    Case Number: A11A2112

    The record belied the county's contention that the trial court erroneously admitted evidence of pre-taking damages in this condemnation suit, since the appellees never argued or even implied that th

  • City of Douglas v. Hudson

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Terry L. Readdick and Steven G. Blackerby, Brunswick, for appellant.
    for defendant: Tyrone N. Haugabrook Copeland & Haugabrook, Valdosta, and Kimberly L. Copeland, Jesup, for appellee.
    Case Number: A11A1914

    The plaintiff failed to prove a special relationship between himself and the city sufficient to create a special duty to provide police protection to keep the plaintiff safe from a criminal as