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  • 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

  • In the Interest of A. J. D. S.

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle W. Angell, Toccoa, for appellant.
    for defendant: in A09A1883. Willie J. Woodruff Jr., Toccoa, for appellant in A09A1884. Marie K. Evans, Clarksville, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Elizabeth M. Williamson, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A09A1883, A09A1884

    The mother failed to comply with reunification case plans during the year prior to the filing of the termination petition, was uncooperative with a drug screener, failed to pay child support consist

  • City of Chickamauga v. Hent

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gary K. Morris Williams, Morris & Blum LLC, Buford, for appellant.
    for defendant: William D. Hentz, LaFayette, for appellee.
    Case Number: A09A2099

    The Recreational Property Act barred the plaintiff's injury claims arising from her fall walking on a city-owned walkway, which was used for exercising, walking and jo

  • Banks-Jackson-Commerce Hosp. & Nursing Home Auth. v. Floyd

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey D. Braintwain and Anna B. Fretwell Huff, Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: J. Vincent Cook, Robert C. Irwin III Cook, Noell, Tolley, Bates & Michael LLP, Athens, and John A. Dickerson McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellees.
    Case Number: A09A1368

    The plaintiffs' claims did not meet O.C.G.A. § 9-11-20 a's requirements for joinder as each alleged different damages arising out of different medical treatment on different

  • Walker v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Salvatore L. Schiappa III, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1539

    Since the defendant's detention was illegal, his attempt to avoid it could not support an obstruction c

  • DuPree v. South Atlantic Conference of Seventh Day Adventists Inc.

    Publication Date: 2009-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard S. Alembik, Decatur, for appellant.
    for defendant: Donna J. Salem Salem & Wong and Wendell K. Willard, Atlanta, for appellees.
    Case Number: A09A0722

    A factual questioned remained as to whether the defendant waived its right to object to plaintiff's failure to make a second earnest money deposit 10 days before the scheduled cl

  • Bennett v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1311

    De counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification de