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  • 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

  • Annaswamy v. State

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Dean A. Williams, Atlanta, for appellant.
    for defendant: Nina M. Baker, Solicitor General, LaGrange, for appellee.
    Case Number: A06A2018

    The trial court questioned the defendant about his w of counsel, made the defendant aware of the dangers of self-representation and the defendant nevertheless made a knowing and intelligent w

  • Global Diagnostic Dev. LLC v. Diagnostic Imaging of Atlanta

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. Bowers and T. Joshua Archer Balch & Bingham LLP, Atlanta, for Global Diagnostic. John W. Ray Ray & Sherman, and David H. Flint Schreeder, Wheeler & Flint LLP, Atlanta, for Diagnostic Imaging. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Kimberly W. Schroer Attorney General's Office, Atlanta, for Georgia Department of Community Health. Leo E. Reichert, Thomas D. Watry and John H. Parker Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, for Northside Hospital.
    for defendant:
    Case Number: A06A1728; A06A1729; A06A1730; A06A1731

    The trial court erred in failing to give deference to the State Health Planning Review Board's final decision to grant a certificate of need to the first appellant to purchase the equipment and asse

  • 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

  • Lee v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Gina M. McNabnay and Daphne H. Jarriel, Assistant District Attorneys, Statesboro, for appellee.
    Case Number: A06A2239

    The evidence supported the defendant's conviction, because the victim, a temporary personnel services company, was a person under the identity fraud st

  • 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

  • Holloway v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Fayetteville, and Josh W. Thacker District Attorney's Office, Newnan, for appellee.
    Case Number: A06A2168

    The trial court did not abuse its discretion in eventually limiting the defendant's cross-examination of an officer about his arrests of other suspects and the mistakes he made in reports in other c

  • Amin v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Scott A. Holt, Jonesboro, for appellant.
    for defendant: Leslie Miller-Terry, Solicitor General, and Janet M. Smith-Taylor, Assistant Solicitor General, Jonesboro, for appellee.
    Case Number: A06A2286

    The defendant was not entitled to Miranda warnings when the officer asked him to perform the field sobriety tests, because he was not in custody at that

  • 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

  • Bharadia v. State

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Nancy G. Brimberry, Assistant District Attorney, Savannah, for appellee.
    Case Number: A06A1242

    The trial court lacked discretion to sentence the defendant to anything other than life without parole on his fourth felony convi