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  • In the Interest of VBL, a child

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Curtis A. Kleem McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellant.
    for defendant: Elinor H. Portivent, Calhoun, and Philip F. Woodward, Dalton, for appellee.
    Case Number: A10A2028

    The juvenile court erred in failing to consider the biological father's actions during the 10-year period between his nonmarital sexual relationship with the child's mother and his learning that he

  • Pelowski v. State

    Publication Date: 2010-10-01
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Public Defender Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1708

    The victim's statements regarding the defendant's previous convictions for aggravated assault were not authorized and were inherently prejud

  • Price v. State

    Publication Date: 2010-10-01
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. Milam Public Defender's Office, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Gina M. Stout, Assistant Solicitor General, Warner Robins, for appellee.
    Case Number: A10A1766

    "Law enforcement officers may not conduct a warrantless search of a known crime scene simply because they are lawfully present and a crime recently occurred t

  • Rushing v. State

    Publication Date: 2010-09-10
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles D. Hodges, College Park, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A1569

    Sufficient evidence existed to show that, although defendant may have had lawful possession initially, he intended to withhold the trailer in question from the owner for an indefinite period of

  • Craig v. State

    Publication Date: 2010-08-13
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1448

    The defendant's co-conspirator took money from the immediate presence of the defendant's co-workers and the co-conspirator subjected the co-workers to the exercise of force with what appeared to be

  • Jones v. State

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1369

    De counsel was not deficient for failing to call a witness who would not have helped the de

  • Singh v. State

    Publication Date: 2010-07-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1240

    The defendant brandished a gun at one victim, demanding money and marijuana, shot that victim, pointed the gun at two women, demanded that they get out of their car and fled the scene in th

  • In the Interest of F. F.

    Publication Date: 2010-06-11
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Greenville, for appellee.
    Case Number: A10A1270, A10A1271

    The trial court abused its discretion in sequestering the 14-year-old juvenile's parents during his delinquency trial, since parents are parties to juvenile proceedings and may not be sequestered,

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-06-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. McCall, Marietta, for appellant.
    for defendant: James T. Budd, David T. Markle and Brett A. Miller Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A10A0620

    The plaintiff did not show that she had a right to oral argument on her motion to reconsider and v

  • Smith v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0890

    Trial counsel's failure to object to the evidence of an accomplice's guilty plea was a matter of tactics and str