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  • Blocker v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Craig J. Ehrlich Ehrlich Law Group LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Harold A. Buckler, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0229

    The victim's testimony supported the defendant's convictions for rape and false impriso

  • Dixon v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert H. Citronberg and Joseph S. Habachy, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2126

    The trial court erred in refusing to charge the jury on the lesser offense of theft by taking, since the defendant offered to waive proof of venue as part of his request for the charge and his sole

  • Countrywide Home Loans Inc. v. King

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Monica K. Gilroy and Tania T. Trumble Dickenson Gilroy LLC, Alpharetta, for appellant.
    for defendant: James and Marie King, Douglasville, proceeded pro se.
    Case Number: A08A2287

    After the expiration of 15-day statutory grace period, the mortgagee became entitled to a verdict and judgment by default in its suit for breach of warranty of title, fraud and intentional misrepres

  • Whatley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth W. Sheppard, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A08A1866

    The trial court harmlessly erred in allowing the state to impeach the defendant's witnesses with evidence of their prior convictions without engaging in O.C.G.A. § 24-9-84.1 a 1's required balancing

  • Kelley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A1702

    The then 8-year-old victim identified the defendant as the man, who approached her while she was playing behind a vacant house, told her to ' "Give me head," ' and put his ' "private" ' in her

  • Gresham v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David C. Abbott, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, McDonough, for appellee.
    Case Number: A08A2388

    Trial counsel's decision not to move to sever the defendant's trial was stra

  • Beasley v. Smith

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: DaCara S. Brown Office of Indigent Defense, Augusta, for appellant.
    for defendant: William B. Warlick Warlick, Tritt & Stebbins, Augusta, for appellees.
    Case Number: A08A2255

    Absent a transcript, the $14,632 judgment against a landlord for conversion and damage to personal property located at the plaintiffs' residence was presumably co

  • Gilliam v. State

    Publication Date: 2009-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna L. Clement Public Defender's Office, Monroe, and Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A2207

    The responding officer had probable cause to believe that the defendant was DUI based on the odor of alcohol on the defendant's breath and the fact that the defendant caused the accident by failing

  • Perry v. State

    Publication Date: 2009-01-02
    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: A08A1913

    The excluded testimony of the defendant's expert about an aggressor's ability, opportunity and harmful intent involved common sense concepts within the average juror'

  • Campbell v. State

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1289

    The defendant's demand for speedy trial was premature and a nullity, since he filed it several months before his indictment on drug ch