• Scott v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. McDaniel, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A11A0065

    The defendant's young daughter's testimony that he "placed his private inside her private when they were in the bathroom," supported his rape convi

  • Ellis v. Ingle

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edward Hine Jr., Rome, for appellant.
    for defendant: Michelle R. Jones Carlock, Copeland & Stair LLP, Atlanta, for appellees. Other party representation: William H. Major III Hawkins & Parnell, Frank L. Wilson III Wilson, Brock & Irby LLC, Atlanta, and Brian C. Smith, Chattanooga, Tenn.

    Case Number: A10A2029

    Some evidence showed that the closing attorney failed to follow the closing instructions in completing the sale of the plaintiff's

  • Williams v. Patterson

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: J. C. Love III and Rita T. Williams Williams & Assocs., Decatur, for appellant.
    for defendant: Matthew L. Hilt The Hilt Firm LLC, Atlanta, Erica L. Morton and William T. Casey Jr. Hicks, Casey & Foster PC, Marietta, for appellee.

    Case Number: A10A2163

    The plaintiff failed to perfect service of process, after the expiration of the applicable statute of limitation for his injury suit, arising out of an automobile acc

  • Bell v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Bernadette C. Crucilla, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Jonathan L. Adams, Assistant District Attorney, Macon, for appellee.

    Case Number: A10A2148

    The defendant did not show that the state's proffered reasons for striking eight black jurors were pretextual, since the state's use of its preemptory strikes did not have a racially-disproportionat

  • Blanch v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James D. McDade, District Attorney, and James A. Dooly, Assistant District Attorney, Douglasville, for appellee.

    Case Number: A10A2252

    The three similar transactions showed the defendant's ' "bent of mind as to initiate or continue a sexual encounter without a person's conse

  • Daniels v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, and Thomas S. Robinson III Robinson & Assocs., Snellville, for Daniels. Teresa L. Smith Public Defender's Office, Covington, for Beard. William K. Wynne Jr. and Layla H. Zon, District Attorneys, Covington, for appellee.
    for defendant:

    Case Number: A10A2042, A10A2043

    The trial court properly admitted testimony that a white Lexus was hijacked the day before the events in question as part of the res gestae of crime of theft by receiving stolen pro

  • Trey Inman & Assoc. PC v. Bank of America NA

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lisa B. Perlstein, Decatur, for appellant.
    for defendant: William A. DuPre IV Miller & Martin PLLC, Atlanta, for appellee. Other party representation: Gregory K. Hecht Hecht, Mack & Harris PC, Stockbridge, Kathryn E. Baird Quirk & Quirk LLC and John M. Welch, Atlanta.

    Case Number: A10A1844

    A closing firm was liable to a bank for conversion of surplus funds from the sale of secured property, because the bank's payoff instructions clearly stated that the bank was to receive any net sale

  • Martinez v. State

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William L. Gill, Norcross, for Martinez. Sharon L. Hopkins, Duluth, for Quiroz. Daniel J. Porter, District Attorney, Stephen A. Fern and Lisa A. Jones, Assistant District Attorneys, Lawrenceville, for appellee.
    for defendant:

    Case Number: A10A1904, A10A1905

    The defendants' convictions for seven counts of false imprisonment and one count of kidnapping, reversed, as applicable statutes of limitation barred their prosecution for those charges on a reissue

  • Clark v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard O. Allen, Woodbine, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Diane L. Dodd and Katie M. Udy District Attorney's Office, Woodbine, for appellee.

    Case Number: A10A2114

    An unanticipated special condition associated with the defendant's probated sentence did not render his guilty plea involu

  • Clayton v. South Gen. Ins. Co.

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Christopher S. Warren and James M. Kirtlink Kenneth S. Nugent PC, Albany, for appellant.
    for defendant: . Kenneth M. Barre and Ariel D. Zion Swift, Currie, McGhee & Heirs, Atlanta, for appellee. Other party representation: Hugh O. Morris Jr., Albany.

    Case Number: A10A1974; A10A1975; A10A1976

    The insurer was entitled to summary judgment for claims arising from a collision that occurred when third parties used the insured's vehicle without permi

  • Tidwell v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Walker L. Chandler Public Defender's Office, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, and Robert W. Smith Jr., Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A10A2183

    The trial court erred in excluding, under the Rape Shield Statute, evidence that one of the victims was having sex with her boyfriend, since the evidence was relevant to an issue other than co