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  • Leverette v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0925

    Any alleged error in the trial court's charge that slight movement is sufficient to prove asport did not require reversal, given the overwhelming and undisputed evidence of asport

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    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

    A construction company's service of its' motion to dismiss by e-mail offered no basis for reversal, because e-mail service is permissible and the plaintiff did not show that any statutory requiremen

  • placeCityDixon v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert H. Citronberg, and Joseph S. Habachy, placeCityAtlantafor appellant. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A08A2126

    The state was not required to stipulate to venue, such that the defendant would then be entitled to a jury instruction on a lesser included offense of theft by taking in Dekalb county, when the alle

  • Scott v. State

    Publication Date: 2010-04-30
    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: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A0143, A10A1035

    The evidence supported defendant's conviction, because he falsely claimed to live with his cousin, whose address defendant listed as his residence on the Sex Offender registration

  • In the Interest of K.L.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Barry H. Wood, Douglasville, for appellee.
    Case Number: A10A0813

    The juvenile court erred in concluding that a 10-day adjudication was not ripe on grounds that no probable /detention hearing had been held, because the juvenile court necessarily found probabl

  • Community Marketplace Properties LLC v. Suntrust Bank

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey B. Talley Jeffrey B. Talley & Assocs. PC, Dallas, for appellant.
    for defendant: . Caroline B. Stefaniak Husch Blackwell Sanders LLC, Chattanooga, Tenn., for appellee.
    Case Number: A10A0595

    The trial court did not err in denying a debtor's summary judgment motion, because the bank substantially complied with O.C.G.A. § 13-1-11, by sending a letter to the debtor stating its intent to fo

  • Lewis v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Shelly D. Faulk, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0204

    The evidence was sufficient to convict defendant for theft of a controlled substance, because one victim testified that defendant took bottles containing oxycodone from the pha

  • Burke v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, John A. Fitzner III, Assistant District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A10A0319

    The trial court did not err in denying defendant's motion to suppress a gun and clothing recovered from a warrantless search of his home, because defendant's wife consented to the search and several

  • State v. Long

    Publication Date: 2010-01-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman, Henry R. Thompson, Assistant District Attorneys, and John R. Edwards District Attorney's Office, Marietta, for appellant.
    for defendant: Steven A. Cook and John R. Greco, Marietta, for appellees.
    Case Number: A09A2196

    After the defendant refused his consent to search, the officer unreasonably prolonged the defendant's detention while waiting for the K-9 unit to a

  • Works v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Decatur, for appellee.
    Case Number: A09A2251

    The trial court did not err in denying the defendant's pro se demand for a speedy trial, since the record showed that a public defender had been representing defendant for several weeks before he fi