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  • Chancellor v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Suellen Fleming, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A1953

    Defense counsel's decision not to call witnesses in order to preserve the right to close arguments was stra

  • In the Interest of D. E.

    Publication Date: 2004-10-15
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joan E. Risher, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Laura W. Hyman, Assistant Attorney General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee.
    Case Number: A04A0965

    The mother's lengthy history of drug and alcohol abuse, her inability to provide a stable living environment and her failure to comply with the terms of the reunification plan supported the termina

  • Madison v. Barnett

    Publication Date: 2004-06-25
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Leon Larke, Augusta, for appellant.
    for defendant: . Mildred K. Jackson Fleming, Jackson, Ingram & Floyd PC, Augusta, for appellees.
    Case Number: A04A0196

    The trial court did not abuse its discretion in denying the paternal grandparents' adoption petition because it was in the child's best interest to have both sets of grandparents working together to

  • Ford v. Tycam Home Builders Inc.

    Publication Date: 2004-06-11
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: . John E. Bellus Jr. Stone & Bellus PC, Atlanta, for appellees.
    Case Number: A04A0432

    The plaintiffs' third voluntary dismissal of their claims regarding faulty house construction operated as an adjudication on the merits under O.C.G.A. § 9-11

  • Crumpton v. State

    Publication Date: 2004-05-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John E. Dalton Jr. and J. Stephen Gupton Jr. J. Stephen Gupton Jr. PC, Valdosta, for appellant.
    for defendant: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellee.
    Case Number: A04A0311

    No evidence supported the defendant's contention that the solicitor coerced him into entering a guilty plea to simply battery by offering him the choice of entering the plea or remaining in jail for

  • Sims v. State

    Publication Date: 2004-05-28
    Practice Area:
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    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

    Some evidence supported the special jury's finding that the defendant was competent to stand trial, despite his l

  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • In the Interest of R. H.

    Publication Date: 2004-04-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Glennville, for appellant.
    for defendant: John T. Durden, Jr., District Attorney, and Claira E. Mitcham, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A04A0766

    The juvenile was with three other boys when a can of paint was taken from a middle school construction site and he had paint on his hands when police stopped

  • Hammond v. Carnett's Inc.

    Publication Date: 2004-04-02
    Practice Area:
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    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 LLP, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta.
    Case Number: A03A2487

    The trial court abused its discretion in finding that the plaintiff failed to satisfy the numerosity, commonality, typicality and superiority requirements for class certification in her action broug

  • Moore v. State

    Publication Date: 2004-02-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Render M. Heard Jr., Tifton for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A03A1792

    Evidence that the victim was aware that the defendant had just taken her wallet from the child seat of a grocery cart supported his conviction for robbery by sudden snat