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  • Zaldivar v. Prickett

    Publication Date: 2015-07-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jonathan C. Jones, Sean L. Hynes, and Andrew A. Curtright Downey Cleveland LLP, Marietta, for appellant.
    for defendant: Edward M. Wynn III and James N. Sadd Slappey Sadd LLC, Atlanta, for appellees. Other party representation: John D. Hadden Turkheimer Hadden LLC, John C. Harris Jr., Atlanta, and Steven Salcedo, Decatur. Neutral Amicus: Alex M. Barfield and Martin Adam Levinson Hawkins Parnell Thackston Young LLP, Atlanta.
    Case Number: S14G1778

    The trial court erred in finding that the trier of fact was precluded from considering any "fault" on the part of the plaintiff's non-party employer for the plaintiff's injuries arising from an aut

  • Eshleman v. Key

    Publication Date: 2015-07-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James H. Fisher II, Denise W. Spitalnick Hall, Booth, Smith Slover PC, Atlanta, Kendric E. Smith, Assistant County Attorney, and Laura K. Johnson DeKalb County Law Dep't, Decatur, for appellant.
    for defendant: Andrew W. Jones and Matthew C. Swanson Law Offices of Andrew W. Jones, Marietta, for appellee.
    Case Number: S14G1173

    The defendant police officer/canine handler was entitled to official immunity in the plaintiff's negligence action after the officer's assigned canine escaped from a kennel at her home and attacked

  • Johnson v. Rogers

    Publication Date: 2015-07-01
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James H. Edge and Marshall L. Portivent Jr. Moore, Clarke, Duvall Rodgers PC, Albany, for appellant.
    for defendant: Carla L. Hill, Atlanta, Aliya Warren, Albany, Robert A. Taylor, Philadelphia, PA, Jessica Rogers, Kenner, LA, and Kenyatta Pinkston, Trenton, NJ, for appellee.
    Case Number: S15A0395

    The doctrine of "virtual adoption" did not apply with regard to the decedent's grandniece, whom the decedent raised, because the decedent disposed of her entire estate by will and the intestacy of t

  • Humphrey v. State

    Publication Date: 2015-06-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Jamel Humphrey, Alamo, proceeded pro se. Kenneth W. Mauldin, District Attorney, Athens, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S15A0588

    The sen imposed on the defendant following his murder conviction was void because the court imposed a punishment the law did not allow, and the parties' consent could not validate a void sen

  • State v. Frost

    Publication Date: 2015-06-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Gregory W. Edwards, District Attorney, Albany, Barry E. Morgan, Solicitor General, Deborah M. Tatum, Assistant Solicitor General, and Emily B. Keener Solicitor General's Office, Marietta, for appellant.
    for defendant: George C. Creal Jr., Atlanta, for appellee.
    Case Number: S14G1767

    Evidence that the defendant had driven under the influence of alcohol on two prior occasions was relevant to prove knowledge in his trial for DUI-less

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Cotton v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Viveca B. Famber, Austell, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jay M. Jackson, Assistant District Attorney, Jonesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0590

    The trial court properly declined to charge the jury on defense of others, since there was no evidence that the defendant killed his sister's boyfriend in defense of his sister or any other third

  • Aikens v. State

    Publication Date: 2015-06-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Marc A. Mallon, Senior Assistant District Attorney, Peggy A. Katz, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0404

    The evidence supported the defendant's conviction for the unlawful possession of a firearm by a convicted felon, even though there was evidence that the co-conspirator never allowed the defendant to

  • Dyal v. State

    Publication Date: 2015-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Elizabeth A. Wood Public Defender's Office, Brunswick, for appellant.
    for defendant: Richard L. Perryman III, District Attorney, Patrick Warren, Assistant District Attorney, Nashville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0139

    The trial court erred in failing to merge the defendant's aggravated assault conviction into his malice murder conviction, since the defendant was charged with committing a single assault against h

  • Goldman v. Johnson

    Publication Date: 2015-05-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Sylvia Goldman and Mary A. Donnelly Goldman Donnelly Law Firm, Marietta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, and Julia Anderson, Senior Assistant Attorney General, Atlanta, for appellee. Other party representation: David P. Thatcher Ogletree, Deakins, Nash, Smoak Stewart PC, Atlanta.
    Case Number: S15A0532

    Petitioner had an adequate legal remedy but she chose not to pursue it, and mandamus relief was therefore not available t

  • McLean v. State

    Publication Date: 2015-05-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Anna G. Cross, Deputy Chief Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S15A0308

    The trial court properly instructed the jury that, by asserting an affirmative defense, the defendant was admitting the charged