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  • Pineda v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0957

    Prior difficulties between the defendant and the victim were admissible to show the defendant's state of mind when he forced his girlfriend to pull into a gas station, approached her car and, upon h

  • In the Interest of S. B.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and Franklin B. Patterson Bart Patterson & Assocs. LLC, Gainesville, for appellee. Other party representation: Alison M. Hallman Hallman & Martin PC and Walter J. Rucker, Gainesville.
    for defendant:
    Case Number: A07A1042

    The mother's pattern of instability, arrest and incarceration, and lack of commitment to her children and involvement in their welfare, as well as her failure to support her children and to comply w

  • De La Reza v. Osprey Capital LLC

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. McCune and John F. Daugherty Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: . Thomas H. Jefferson Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A07A1744

    Res judicata barred the appellants' double recovery arguments, which they failed to raise in their prior a

  • In the Interest of B. W.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert E. Brooks Jr. and James S. Astin, Cedartown, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and Billie J. Crane, Cedartown, for appellee. Other party representation: Kimberly D. Puckett, Dallas.
    Case Number: A07A1486; A07A1487

    Evidence that neither parent completed their case plan goals, the mother's refusal to address her drug addiction and the father's refusal to acknowledge his mental health problems supported the term

  • Carson v. State

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Leslie E. Habachy, Assistant Public Defender, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0724

    The defendant failed to show that his trial counsel misrepresented his eligibility for parole and early release when defendant pled guilty to armed robbery, since the record show that counsel infor

  • In the Interest of D. S.

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: Pamela R. Greenway and Sherry H. Campbell, Warner Robins, for appellee.
    Case Number: A07A0304

    Clear and convincing evidence did not support the termination of the mother's and the father's parental rights to their

  • Head v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Richard E. Currie, District Attorney, Douglas, for appellee.
    Case Number: A07A0670

    There was no reasonable probability that the outcome of the defendant's trial would have differed, if his counsel had objected to cumulative testimony about a prior difficulty with one of the vi

  • Davis v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0006

    The defendant showed up at an arranged drug sale of $11K in marijuana, showed the undercover officer a sample, told the officer that the marijuana was in a van that followed her and officers discove

  • Hersh v. Griffith

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David E. Tuszynski, Atlanta, for appellant.
    for defendant: Paula A. Morgan, Rory K. Starkey County Attorney's Office, Thurbert E. Baker, Attorney General, Loretta L. Pinkston, Assistant Attorney General, Atlanta, and David B. Fife, Assistant District Attorney, Lawrenceville, for appellees.
    Case Number: A06A2023

    Evidence that the plaintiff did not attempt to yield in response to an officer's flashing blue lights and air horn prior to colliding with a house being moved in the opposite direction on a street i

  • In the Interest of J. F.

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey W. Duncan, Tallapoosa, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Billie J. Crane, Cedartown, for appellee. Other party representation: Kimberly D. Puckett, Dallas.
    Case Number: A06A1811

    The mother had a verifiable deficiency of her mental and emotional health, an alcohol dependency, abused amphetamines and cocaine, and twice absconded across state lines with the child, once leading