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  • Cook v. State

    Publication Date: 2007-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gary P. Bunch, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Vincent J. Faucette District Attorney's Office, Carrollton, for appellee.
    Case Number: A07A1090

    The state proved the chain of custody for the drugs found in the defendant's through the testimony of the deputy/evidence custodian, who seized the evidence and the testimony of the crime lab ch

  • Montgomery v. Montgomery

    Publication Date: 2007-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Truitt A. Mallory Mallory & Trice, Thomaston, for appellant.
    for defendant: Richard H. Bishoff, Thomaston, for appellee.
    Case Number: A07A0881

    O.C.G.A. § 5-3-30 a, as amended in 1998 to provide for non-jury trials in magistrate court appeals, unless either party files a demand for a jury trial within 30 days, was not intended to deny the r

  • Evans v. State

    Publication Date: 2007-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Timothy G. Madison, District Attorney, and Donald E. Moore, Solicitor, Jefferson, for appellee.
    Case Number: A07A0874

    The 16-year gap between the defendant's DUI arrests went to evidence's weight and credib not its admissib

  • Caraway v. State

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: T. Robert Perkerson and Virgil L. Brown Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Robert Stokely, Solicitor General, Newnan, for appellee.
    Case Number: A07A0112

    An officer responding to a call about a dark colored Dodge Ram truck driving recklessly in a restaurant's parking lot saw t endant enter the parking lot driving a dark colored Dodge Ram truck,

  • 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

  • Morales v. State

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael B. Nation, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A07A1560

    The defendant made threatening phone calls to the victim, his estranged wife, he damaged her house, he pursued her in her car and he kidnapped her at the courthouse and ran over her foot with her c

  • Trull v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Stephanie D. Woodard, Gainesville, for appellant.
    for defendant: Larry A. Baldwin II, Solicitor General, Gainesville, for appellee.
    Case Number: A07A1294

    Alco-sensor results are used only as initial screening device to aid officers in determining probable cause to arrest a motorist suspected of DUI and not as evidence of the amount of alcohol or drug

  • In the Interest of B. W.

    Publication Date: 2007-07-27
    Practice Area:
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    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

  • Jenkins v. Sallie Mae Inc.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gary A. Bacon, Kingsland, for appellant.
    for defendant: David A. Kleber, Decatur, for appellee.
    Case Number: A07A0497

    The trial court did not err in allowing the plaintiff's witness to testify about loan records, which were made and kept in the ordinary course of bus

  • City of Toccoa v. Pittman

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John A. Dickerson and Larry L. Hicks II McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellant.
    for defendant: . Elizabeth G. Howard, William B. Barrickman Barrickman, Allred & Young LLC, Atlanta, Omar R. Zamora Paul C. Parker & Assocs., Decatur, David J. Hodge Pittman, Hooks, Dutton, Kirby & Hellums, and Frederick Kuykendall, Birmingham, Ala., for appellees. Other party representation: Sean A. Black Black Law Offices, Toccoa, and Andrea J. Runyan Runyan & Green, Royston.
    Case Number: A07A0231

    The public duty doctrine applied, since the city of Toccoa had no special relationship with the decedent giving rise to a particular duty owed to him to protect him from a fight, which began at a lo