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  • Jones v. State

    Publication Date: 2007-03-16
    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 Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1909

    Evidence of the defendant's prior drug use was admissible to show the source of problems between the defendant and his family and to show motive for the assaults at

  • In the Interest of A. F.

    Publication Date: 2007-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Cassandra M. Ford, Milledgeville, for the father. Carl Santos Cansino, Milledgeville, for the mother. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Mark J. Cicero, Assistant Attorney General, Atlanta, and Thomas J. O'Donnell, Milledgeville, for appellee. Other party representation: Douglas L. Price, Milledgeville.
    for defendant:
    Case Number: A06A1980; A06A1981

    Termination of the mother's and the father's parental rights reversed, since the clear and convincing evidence did not show that the children's deprivation was likely to continue, where both parents

  • In the Interest of D. N. K.

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nathan A. Hayes, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, and Lytia G. Brown, Atlanta, for appellee. Other party representation: Antavius M. Weems, Atlanta.
    Case Number: A06A1489

    The evidence failed to show that the mother's 4-year-old son had a developmental disability or special needs, which the mother was incapable of me

  • Palmer v. State

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A06A1795

    The defendant's special demurrers to his indictment on 24 counts of sexual exploitation of children were untimely filed after he pled not guilty to the ch

  • Jackson v. State

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kirby Clements Jr., Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1494

    The evidence supported a finding that the defendant had constructive possession of the drugs found in his car and in his brother's

  • Mitchell v. Georgia Dep't of Community Health

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Claire C. Murray, Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, James W. Boswell III, Misty M. Speake King & Spaulding, Michael R. Hurst Blue Cross & Blue Shield of Ga. Inc., and David C. Will Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellees. Other party representation: Michelle K. McDonald and Toni Castel Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta.
    Case Number: A06A1073

    The plaintiff received actual notice prior to her surgery that the provider was not in her PPO provider

  • In the Interest of J. P.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Darien, for appellant.
    for defendant: in A06A0102. Carol N. Miller, Pembroke, for appellant. in A06A0104. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Stefan E. Ritter, Assistant Attorneys General, Atlanta, and Sherri P. McDonald, Vidalia, for appellee.
    Case Number: A06A0102; A06A0104

    The juvenile court erred in extending DFACS's temporary custody because there was no testimony that the father, who completed every aspect of his case plan, was not capable of taking care of the

  • In the Interest of C. G.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard A. Jones, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee.
    Case Number: A06A0680

    Evidence of the mother's unrehabilitated substance abuse and her failure to maintain a meaningful bond with her children, supported the termination of her parental r

  • State v. Dukes

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and Samuel M. Olmstead District Attorney's Office, Bainbridge, for appellant.
    for defendant: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellee.
    Case Number: A06A0551

    The defendant's exercise of his right to leave a first-tier encounter with officers by fleeing did not constitute obstru

  • Phillips v. State

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A06A0376

    The trial court properly admitted pictures of the defe s damaged vehicle, which officers found in plain sight in the back of his home while investigating the victim's report that he saw the def