• Duvall v. State

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and James C. Bonner Jr. Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and T. Buckley Levins, Assistant District Attorney, Covington, for appellee.

    Case Number: A10A1767

    The defendant's knowledge of the chemical identity of the drug in his possession was a question of for the jury and the trial court should have instructed the jury on the defense of mistake of

  • ACCC Ins. Co. v. Pizza Hut of Am. Inc.

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Michael D. St. Amand Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellant.
    for defendant: Scott D. Huray Webb, Carlock, Copeland & Stair LLP and Kenneth W. Brosnahan, Atlanta, for appellee.

    Case Number: A11A1905

    The appellant failed to rebut the presumption that the more than 30-day delay in filing a transcript designated to be included in the appellate record was unreasonable and inexcu

  • Roberts v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Angela B. Dillon Brown & Gill, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jennifer G. Hendee District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A11A1802

    The trial court did not abuse its discretion in admitting a recording of the defendant's interrogation by police without requiring the redaction of an officer's statements therein that he believed t

  • Tyliczka v. Chance

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jenny E. Jensen Jones Jensen & Harris, Norcross, for appellant.
    for defendant: J. Clinton Sumner Jr., and Susan D. Taylor Magruder & Sumner, Rome, for appellee.

    Case Number: A11A1815

    The Court vacated the denial of the plaintiff's motion to set aside the dismissal of her suit, as the plaintiff alleged that the trial court failed to notify her of the dismissal and the trial court

  • French v. Dilleshaw

    Publication Date: 2012-02-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: John A. Davison Fulcher Hagler LLP, Augusta, for appellant.
    for defendant: James S. Murray, Augusta, for appellee.

    Case Number: A11A1605

    The trial court erred in awarding attorneys' fees to the plaintiff pursuant to O.C.G.A. § 13-6-11, as the case presented a genuine controversy with respect to the amount of damages, and the plaintif

  • Windham & Windham Inc. v. SunTrust Bank

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: . Blake C. Sharpton Jones Cork & Miller LLP, Macon, for appellee.

    Case Number: A11A1779

    The bank officer's affidavit was sufficient to sustain the award of summary judgment to the plaintiff bank because no evidence showed that the officer did not have personal knowledge of the facts at

  • Sherman v. Fulton County Bd. of Assessors

    Publication Date: 2012-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Robert D. Feagin Martenson, Hasbrouck & Simon LLP, and John F. Woodham Woodham and Associates LLC, Atlanta, for appellant.
    for defendant: Cheryl M. Ringer, Jerolyn W. Ferrari County Attorney's Office, and Cary Ichter, Atlanta, for appellees.

    Case Number: A11A2034

    In denying the plaintiff's motion to certify a class, the trial court failed to specifically address any of the required factors set forth in OCGA § 9-11-23, did not make any factual findings and di

  • Duvall v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and James C. Bonner Jr. Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant. William K. Wynne Jr., District Attorney, and T. Buckley Levins, Assistant District Attorney, Covington, for appellee.
    for defendant:

    Case Number: A10A1767

    The defendant's knowledge of the chemical identity of the drug in his possession was a question of for the jury and the trial court should have instructed the jury on the defense of mistake of

  • Holiman v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Long D. Vo Appellate Division, Atlanta, for appellant. Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    for defendant:

    Case Number: A11A1321

    The state was permitted to prove its co trafficking case against the defendant by proof of joint constructive possession of 400 grams or more of a mixture containing co

  • Duncan v. Klein

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jeffrey W. Duncan, Tallapoosa, for Duncan. Johannes S. Kingma, Michele R. Jones, and Christopher C. Meeks Carlock, Copeland & Stair LLP, Atlanta, for Klein.
    for defendant:

    Case Number: A11A1061; A11A1062

    It is highly questionable whether attending law school is a legally cognizable injury or whether giving bad legal advice to the plaintiff would foreseeably lead to his decision to enroll in law scho