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  • Ramos v. State

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William H. Toler III, Atlanta, for appellant.
    for defendant: Keith C. Martin, Solicitor, and Evelyn P. Sandefur, Assistant Solicitor, Jonesboro, for appellee.
    Case Number: A01A1950

    The trial court did not err in declaring a mistrial after giving an Allen charge where the jury had deliberated for three hours, sent out two questions, asked to have some of the testimony replayed

  • Ketchup v. Howard

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A00A0987

    The Court of Appeals adopted the common law doctrine of informed consent providing that physicians and dentists have a duty to inform patients of the known material risks of a proposed treatment or

  • Upson County Hosp. Inc. v. Head

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Edward L. Long Jr. Willis, McKenzie & Long, LaGrange, for appellant.
    for defendant: Charles W. Stephens, Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A00A1601

    P ff's professional malpractice claims in her amended comp were barred by her failure to file an expert affidavit with her original comp

  • Clark v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A0965

    Defendant's conviction for possession of marijuana with intent to distribute reversed as the circumstantial evidence did not exclude his claim that he purchased the quarter bags of marijuana for his

  • Allen v. Columbus Bank & Trust Co.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David. J. Grindle, Columbus, for appellant.
    for defendant: W.G. Scrantom Jr. and William L. Tucker Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellee.
    Case Number: A00A0839

    There was no evidence of concealment or fraud by bank that deterred plaintiff from discovering a breach of bank's fiduciary duty and tolled the 10-year statute of limitation on plaintiff's claim of

  • Allen v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Ann S. Brumbaugh and Thomas W. Csider, Assistant Solicitors, Decatur, for appellee.
    Case Number: A00A0943

    Defendant should receive credit for the 41 days he spent in jail awaiting trial after his arrest on a bench warrant, since defendant's confinement was due to the criminal charges against him, not t

  • Granados v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0983

    Because the evidence showed that the crime of cocaine trafficking was, in fact, committed, the defendant was not entitled to a charge on the lesser included offense of consp

  • Palmer v. State

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael B. King and Billy J. Dixon, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A0632

    Evidence that defendant was leaning into the broken window of a car and that he immediately left when confronted by the car owner's son supported the jury's finding that defendant intended to commit

  • Wheeling-Culligan v. Allen

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David J. Worley Jacobs & Slawsky PA, Atlanta, and Stuart Goldstein, Miami, Fla., for appellant.
    for defendant: . Hunter R. Hughes III and Daniel D. Zegura Rogers & Hardin, Atlanta, for appellee.
    Case Number: A00A0065

    Court order quashing Florida plaintiffs' subpoena to take Georgia witness's deposition is presumed correct because the order was based on the witness's interrogatory responses that were not included

  • Cartel Realty Inc. v. Southern Bearings & Parts Co. Inc.

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James R. Mills, Atlanta, for appellant.
    for defendant: . Allen E. Lockerman IV Newman, Sapp & Davis LLP, Atlanta, for appellees.
    Case Number: A00A0584

    Real estate agent who negotiated briefly with seller before buyer negotiated the sale through seller's exclusive listing agency was not entitled to a commi