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  • Jacobson v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & McFarland PC, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Amy K. Radley and Donna S. Gopaul Solicitor's Office, Cumming, for appellee.
    Case Number: A10A2041

    Intoxilyzer 5000 maintenance logs are not even relevant enough to be discoverable pursuant to O.C.G.A. § 40-6-39

  • Hurt v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Kelly A. McMichael, Assistant Solicitor, Decatur, for appellee.
    Case Number: A10A2229

    The roadblock which led to the defendant's arrest satisfied the constitutional man

  • Marks v. State

    Publication Date: 2010-12-03
    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, Leonora Grant, Deputy Chief Assistant District Attorney, and Jill G. Polster District Attorney's Office, Decatur, for appellee.
    Case Number: A10A2110

    The defendant's posting of statements about his ex-wife on the internet did not constitute contact with her because the evidence did not suggest that he authored the web postings in order to get in

  • Shuler v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A2086

    The record supported the trial court's determination that the defendant voluntarily and intelligently pled guilty to armed robbery and kidna

  • In the Interest of VBL, a child

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Curtis A. Kleem McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellant.
    for defendant: Elinor H. Portivent, Calhoun, and Philip F. Woodward, Dalton, for appellee.
    Case Number: A10A2028

    The juvenile court erred in failing to consider the biological father's actions during the 10-year period between his nonmarital sexual relationship with the child's mother and his learning that he

  • Pelowski v. State

    Publication Date: 2010-10-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Public Defender Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1708

    The victim's statements regarding the defendant's previous convictions for aggravated assault were not authorized and were inherently prejud

  • Price v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. Milam Public Defender's Office, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Gina M. Stout, Assistant Solicitor General, Warner Robins, for appellee.
    Case Number: A10A1766

    "Law enforcement officers may not conduct a warrantless search of a known crime scene simply because they are lawfully present and a crime recently occurred t

  • Rushing v. State

    Publication Date: 2010-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles D. Hodges, College Park, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and John A. Pipkin III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A1569

    Sufficient evidence existed to show that, although defendant may have had lawful possession initially, he intended to withhold the trailer in question from the owner for an indefinite period of

  • Craig v. State

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1448

    The defendant's co-conspirator took money from the immediate presence of the defendant's co-workers and the co-conspirator subjected the co-workers to the exercise of force with what appeared to be

  • Jones v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A1369

    De counsel was not deficient for failing to call a witness who would not have helped the de