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  • Blackwell v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A05A1162

    Although the loaded shotgun and rifle found during a consent search of the defendant's car when he was arrested for stalking were not related to the aggravated assault charges against him, which ste

  • Sims v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jo C. Nesset-Sale, Atlanta, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A04A0063

    The standard of appellate review of a judgment entered on a special verdict that a criminal defendant is competent to stand trial is whether, after reviewing the evidence in a light most favorable t

  • The Governors Towne Club Inc. v. Caffrey Constr. Co.

    Publication Date: 2005-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George D. Wenick and Maura F. Krause Smith, Currie & Hancock LLP, Atlanta, for appellant.
    for defendant: . Roy H. Meeks Jr. Pursley, Lowery & Meeks LLP, Atlanta, for appellee.
    Case Number: A05A0586

    A factual issue remained as to whether the parties mutually agreed to the plaintiff's proposed hourly charges for clearing work at a golf c

  • Gartrell v. State

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Durwood R. Davis, Assistant District Attorney, Thomson, for appellee.
    Case Number: A05A0158

    Police found the defendant's DNA on a cigarette butt on the windowsill of the bedroom of a vacant mobile home where the defendant raped the v

  • Hammond v. Carnett's Inc.

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Marc B. Hershovitz, Michael K. Jablonski, Atlanta, Roy E. Barnes and John F. Salter Jr., Marietta, for appellant.
    for defendant: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellee. Other party representation: Robert B. Hocutt, Mark D. Lefkow Nall & Miller, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
    Case Number: A03A2487

    FCC regulations provide that express permission to receive a fax is deemed to be given by recipients who have an existing business relationship with the s

  • Maxey v. State

    Publication Date: 2005-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0450

    Coercion was not a viable defense to charges of armed robbery, aggravated assault and kidnapping where the defendant testified at trial that he did not participate in the commission of those c

  • Harden v. State

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Carlton K. Nelson III Nelson & Smith, Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, and Terry F. Holland, Dublin, for appellee.
    Case Number: A05A0319

    Trial court was not required to issue a sua sponte curative instruction after the rape victim's emotional out

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • Pitts v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, and Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Samuel K. Barger, Assistant District Attorney, Canton, for appellee.
    Case Number: A04A1621

    A juvenile court judge had subject matter jurisdiction over a felony criminal case pursuant to O.C.G.A. § 15-1-9.1 b 2, after she responded to an intra-county judicial request for assis