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  • Wachovia Bank of Ga. v. Namik

    Publication Date: 2004-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Linkous Jr., Nicole J. Wade and David G. Ross Powell, Goldstein, Frazer & Murphy, Atlanta, for Wachovia. Robert J. Kaufman, Stephen R. Klorfein, Charlotte K. Perrell and Jason S. Adler Kaufman, Chaiken, Miller & Klorfein LLC, Atlanta, for Namik et. al. Other party representation: Bertram L. Levy Arnall, Golden & Gregory, Atlanta.
    for defendant:
    Case Number: A03A2198, A03A2199

    A bank had no duty, as trustee of a customer's simple revocable living trust, to provide estate tax planning a

  • Smith v. Chatham County

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William K. Carmichael and Rachel Humphrey Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: . Emily E. Garrard and R. Jonathan Hart, Savannah, for appellees.
    Case Number: A03A1133

    The county did not waive its official immunity under O.C.G.A. § 33-24-51 b by instituting a self-insurance fund to pay out injury claims for which it assumed liab

  • In the Interest of D.L.W.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michele W. Ogletree and Harold A. Sturdivant Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and LeAnne P. Cooper Power, Futch & Cooper PC, McDonough, for appellee. Other party representation: Karen M. Calloway, Fayetteville.
    Case Number: A03A1607

    The mother's history of mental illness supported a finding that her child was dep

  • Thompson v. State

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Katherine K. Lumsden and Amy E. Smith, Assistant District Attorneys, Perry, for appellee.
    Case Number: A02A1456

    The Court of Appeals adopted the Supreme Court's judgment that the doctrine of admissions in judicio does not apply to prove

  • Yates v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla v. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A1272

    Defendant's sentence requiring him to serve time in a probation detention center did not violate the constitutional prohibition on ex post facto laws, even though the sentencing statute in effect wh

  • Thompson v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kevin Gough, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A02A0525

    The Court of Appeals adopted the Supreme Court's opinion that the trial court erred in considering defendant's prior guilty pleas for sentencing purposes after the state conceded that the defendant

  • In the Interest of J. B. C.

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul K. Cook, Vidalia, and Judd Drake, Metter, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Sherri P. McDonald Newton, Smith, Durden, Kaufold & Rice, Vidalia, for appellee.
    Case Number: A03A0564

    The juvenile court prematurely determined that there was no suitable relative with whom to place the children where the maternal aunt requested consideration for placement and had not been eval

  • In the Interest of K. M.

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Stephen B. Taylor Harry Pavilack & Assocs., Statesboro, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Anne R. Moore, Statesboro, for appellee.
    Case Number: A03A0357

    The father's sexual abuse of the oldest child and the parents' intellectual deficiencies and mental health conditions, which limited their pa capabilities, supported the termination of their p

  • State v. Morgan

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Covington, for appellant.
    for defendant: John T. Strauss, Walton County Public Defender, Monroe, and John L. Land Newton County Public Defender's Office, Covington, for appellee.
    Case Number: A03A0237

    The trial court correctly suppressed the marijuana discovered in the defendant's pocket after a pat-down search for weapons following an unlawful traffic

  • Spencer v. State

    Publication Date: 2003-02-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Monte K. Davis, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
    Case Number: A03A0702

    Defense counsel waived defendant's right to automatic discharge and dismissal by consenting to extend discovery for an additional 60 days and have defendant's trial date reset outside of the allowab