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  • Chavez v. State

    Publication Date: 2014-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Matthew Crosby, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nigel Lush, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A14A0966

    The defendant failed to prove his ineffective assistance of trial counsel claims after he was convicted of rape, aggravated sexual battery, aggravated child molest and child molest

  • Gonzalez v. Georgia Dep't of Transp.

    Publication Date: 2014-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brent Savage and Brent Savage Jr. Savage, Turner, Savannah, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Loretta Pinkston, Senior Assistant Attorney General, and Kirsten Daughdril Attorney General's Office, Atlanta, for appellee.
    Case Number: A14A1203

    The trial court was required to address the threshold issue of whether the defendant was entitled to sovereign immunity before reaching the merits of the plaintiff's negligence c

  • Thomas v. Summers

    Publication Date: 2014-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Adam Cathey, Ringgold, for appellant.
    for defendant: . Clifton Patty, Ringgold, for appellee.
    Case Number: A14A1172

    The defendants' evidence raised a material issue of fact regarding their defense of accord and satisfaction in the plaintiff's action to recover on a promissory

  • State v. Robertson

    Publication Date: 2014-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Arthur C. Walton, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Lee Fitzpatrick, Kennesaw, for appellee.
    Case Number: A14A1459

    The trial court properly found that the State failed to prove venue in Fulton County beyond a reasonable

  • Vera v. State

    Publication Date: 2014-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clifton M. Patty Jr., Ringgold, for appellant.
    for defendant: Herbert M. Poston Jr., District Attorney, Mark P. Higgins Jr., and Susan Franklin, Assistant District Attorneys, Dalton, for appellee.
    Case Number: A14A1269

    The defendant was not advised of and did not knowingly waive his Boykin r

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Hayek v. Chastain Park Condo. Ass'n Inc.

    Publication Date: 2014-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mark Ford Ford & Finnerty LLC, Atlanta, for appellant.
    for defendant: . Elizabeth Taylor Winter Capriola Zenner, Atlanta, for appellee.
    Case Number: A14A1134

    The trial court erred in granting summary judgment to the condominium association in its action for unpaid assessments and other charges, as the damages sought were insufficiently ce

  • In the Interest of G. Q.

    Publication Date: 2014-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Azadeh Golshan Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen Nelson, Senior Assistant Attorney General, Calandra Harps, Assistant Attorney General, Atlanta, and Linda Taylor Hunnicutt & Taylor, Newnan, for appellee. Other party representation: Doris Orleck, Newnan, and David Rossi-Espagnet, Carrollton.
    Case Number: A14A0324

    The father lacked standing to challenge the termination of his parental rights, since he failed to timely file a petition to legitimate the minor children in order to preserve his int

  • White v. Weinberg

    Publication Date: 2014-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Perry Phillips, Marietta, for appellant.
    for defendant: . Richard Merritt Merritt & Fletcher LLC, Smyrna, for appellee.
    Case Number: A14A0607

    The defendants' refusal to return a ring the plaintiff consigned to them for auction constituted the wrongful exercise of dominion over the ring in a manner inconsistent with their authority as agen

  • Gregg v. First Citizens Bank & Trust Co. Inc.

    Publication Date: 2014-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Taylor, Marietta, for appellant.
    for defendant: . Matthew Skilling Moore Clarke Duvall & Rodgers PC, Albany, and Brian Ranck Sanders, Ranck & Skilling PC, Toccoa, for appellee.
    Case Number: A14A0384

    Although the plaintiff bank was entitled to summary judgment as to liability in its action seeking to recover on a promissory it failed to prove the amount due under such

  • Baker v. State

    Publication Date: 2014-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel Ortiz, Atlanta, for appellant.
    for defendant: Donna Gopaul, Solicitor General, and Inez Grant Solicitor General's Office, Cumming, for appellee.
    Case Number: A14A0006

    Dismissal of the defendant's appeal from the judgment dismissing her prior appeal of her DUI conviction was mandatory, since the defendant's brief failed to set forth any enumerations of e