• Jones v. Barrow

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robin F. Clark and Linda G. Bass, Atlanta, for appellant.
    for defendant: Mark D. Maholick, Paul D. Ivey Jr. Hall, Booth, Smith & Slover PC, Columbus, and Robert S. McPhail, Butler, for appellees.

    Case Number: A10A0990

    A property owner not liable to the plaintiff for injuries caused by a fallen tree, because the plaintiff was a licensee, not an invitee, on the property and the condition of the fallen tree did not

  • Johnson v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dante L. Hudson, Public Defender, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Woodbine, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.

    Case Number: A10A1086

    The jury was authorized to conclude that the defendant fired his gun at the three aggravated assault with intent to rob v to further his armed robbery of a fourth v

  • Patillo v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stephen L. Coxen Ninfo, Coxen & Worthington, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.

    Case Number: A10A1371

    The defendant failed to show that his trial counsel was deficient with regard to his non-negotiated plea to burglary, theft by receiving and a firearms of

  • Jones v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.

    Case Number: A10A1298

    The state was not required to show that the defendant knew he was within 1,000 feet of public housing to support a conviction under OCGA § 16-13

  • Wilson v. Obstetrics & Gynecology of Atlanta PC

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John R. Bevis The Barnes Law Group, Marietta, for appellant.
    for defendant: . R. Keith Whitesides, Patricia M. Anagnostakis, Trisha L. Godsey Scrudder, Bass, Quillian, Horlock, Taylor & Lazarus, Daniel J. Huff and Julye M. Johns Huff Powell & Bailey LLC, Atlanta, for appellees.

    Case Number: A10A0169

    The trial court failed to consider evidence that created a jury question on whether the defendants fraudulently misrepresented and withheld information concerning the plaintiff's daughter's birth, w

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  • Moore v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Brian M. Rickman, District Attorney, Toccoa, for appellee.

    Case Number: A10A1242

    The trial court properly denied the defendant's motion for an out-of-time appeal of his 20-year-old conviction on his guilty plea conviction to manslaughter, since the defendant's failure to file a

  • Harpagon Co. LLC v. Huff

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert J. Proctor and Cristine L. Patterson Proctor Hutchins Porterfield, Atlanta, for appellant.
    for defendant: James C. Clark Jr. Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, for appellee. Other party representation: Kevin G. Meeks, T. Jerry Jackson Troutman Sanders LLP, Atlanta, Michael T. Smith Andrew, Merritt, Reilly & Smith, Lawrenceville, and Travis C. Hargrove, Columbus.

    Case Number: A09A0269

    Since no levy occurred, the fee discussion in Harpagon Co. v. Huff, 296 Ga. App. 107 2009, constituted an improper advisory op

  • Barrett v. National Union Fire Ins. Co. of Pittsburgh

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William M. Akin and S. Lester Tate III Akin & Tate, Cartersville, for appellant.
    for defendant: John C. Bonnie, Stephen J. Rapp Weinberg, Wheeler, Hudgins, Gunn & Dial, Charles J. Cole and Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellee. Other party representation: Julie A. Lierly, Caroline W. Spangenberg Kilpatrick Stockton LLP, Norman L. Underwood Troutman Sanders, Robin F. Cook, Atlanta, and Hugh B. McNatt McNatt, Greene & Peterson, Vidalia.

    Case Number: A10A1125

    Natural gas was not a tant under the excess liability policy in question, because nothing in the record showed that natural gas is considered an irritant or contaminant within the meaning of th

  • Walker v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kathleen J. Anderson, Winder, for appellant.
    for defendant: James B. Smith, District Attorney, Winder, and Robin R. Riggs, Assistant District Attorney, Jefferson, for appellee.

    Case Number: A10A1275

    The victims' testimony supported the defendant's convictions for child molestation and child cr

  • Barner v. Binkley

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Clarence R. Patton and Wade C. Hoyt IV, Rome, for appellant.
    for defendant: Sidney L. Wright, Rome, for appellee.

    Case Number: A10A1285

    The defendant's failure to appear for a standing by itself, did not give rise to conduct demonstrative of an implicit waiver of his right to a jury