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  • Cruickshank v. Fremont Investment & Loan

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth Cruickshank, Powder Springs, proceeded pro se. Frank R. Olson McCurdy & Candler LLC, Decatur, and Kelly L. Atkinson Troutman Sanders LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2178

    The record showed that the first defendant served the plaintiff with its response within the 30-day period as O.C.G.A. § 1-3-1 d 3 req

  • Doe v. State

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Maurice V. Joseph, Assistant Public Defender, and Craig T. Pearson Public Defender's Office, Reidsville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A10A1793

    The indictment sufficiently informed the defendant that he was accused of attempting ' "to influence the winning of Georgia Lottery prizes by tampering with lottery materials," ' and adequately appr

  • Dobbs v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and David P. Taylor, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A10A0494

    The trial court erred in sentencing defendant as a recidivist, because the state did not introduce any evidence that he had previously pled guilty or been convicted of any

  • Fortner v. Grange Mut. Cas. Co.

    Publication Date: 2010-01-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathryn H. Pinckney, Robert B. Turner Savage, Turner, Pinson & Karsman, Savannah, David F. Walbert Parks, Chesin, Walbert & Miller, Atlanta, and Marion T. Pope Jr. Hasty Pope LLC, Canton, for appellant.
    for defendant: Robert R. Gunn II, Thomas P. Allen III, John S. Edwards Martin Snow LLP, Macon, and Irman G. Hodges Oliver Maner LLP, Savannah, for appellee. Other party representation: Jason L. Crawford Daugherty, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: A08A0983

    The trial court's jury charge was not consistent with the safe harbor provision recognized in Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683

  • Lewis v. Nicholas Fin. Inc.

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Andrew H. Agatston, Marietta, for appellant.
    for defendant: Scott R. King Slater & King, Atlanta, for appellees.
    Case Number: A09A2072

    Under O.C.G.A. § 11-9-609 b 2, a secured party may take possession of the secured collateral without judicial process, only if the repossession proceeds without a breach of the

  • Martin v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Jefferson F. Upchurch, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A09A1656

    Trial counsel was not deficient for failing to object to prior difficulty evidence that a few months earlier, while his girlfriend was pregnant, the defendant pushed her several times during an arg

  • Boyd v. Robinson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Mueller, Atlanta, for appellant.
    for defendant: George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair PC, Atlanta, for appellees.
    Case Number: A09A1681

    The plaintiff was able to voluntarily dismiss his original law suit and use the renewal statute to ' "nurse the cause of action into full life," ' five years after expiration of the statute of limi

  • 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

  • Christian v. State

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Benjamin R. Makin Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and C. Rebecca Smith District Attorney's Office, Athens, for appellee.
    Case Number: A09A0613

    The defendant had a probationary driver's license when he collided with another vehicle in a parking

  • State v. Austin

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellant.
    for defendant: Brian Steel The Steel Law Firm PC, Atlanta, for appellee.
    Case Number: A09A0461

    An aggravated assault count, which tracked O.C.G.A. § 16-5-21 a 2, contained the elements of aggravated assault and described the alleged criminal act-striking a patient in the head with a metal ins