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  • In the Interest of J. A. W.

    Publication Date: 2006-09-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven V. Bennett, Rome, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Virginia B. Fuller, Assistant Attorney General, Atlanta, and Holly A. Bradfield, Rome, for appellee.
    Case Number: A06A1092

    No evidence, other than the mother's current incarceration on a 4-year prison term, showed the mother's unfitness to parent her 20-month-old

  • Boatwright v. State

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1688

    Even if the pre-trial identifications were improperly suggestive, the victim's and a witness's in-court identifications of the defendant were admissible, because they based t dentifications on

  • Duncan v. State

    Publication Date: 2006-09-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Bentley C. Adams III Public Defender's Office, and Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A06A1323

    The defendant drove his pickup truck into the back of a smaller tuck, while his 4-year-old son was a passenger in the truck's cab and he tested positive for methamphet

  • Jackson v. State

    Publication Date: 2006-09-01
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    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

  • Frankmann v. State

    Publication Date: 2006-08-18
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Samuel W. Cruse, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A06A0993

    The 11-year-old victim testified that he awoke to the defendant performing oral sex on him and the defendant put his hand over the victim's mouth and inserted a finger into the victim's

  • Pasco v. State

    Publication Date: 2006-08-18
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linda Malveaux, and Agis R. Bray III Public Defender's Office, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Gregory W. Edwards District Attorney's Office, Albany, for appellee.
    Case Number: A06A1157

    The trial court's error in including "level of certainty" language in its pattern charge on eyewitness identification was harmless, given the evidence of the defendant's

  • Whitt v. State

    Publication Date: 2006-08-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald P. Word, Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Melissa L. Himes, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A06A1076

    The trial court's error in refusing to allow the defendant to stipulate that he was a convicted felon was harmless, given the overwhelming evidence of his

  • Gassaway v. Precon Corp.

    Publication Date: 2006-07-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David B. Bell, Sharon B. Enoch Bell & Bell Assocs., Augusta, and Albert H. Dallas The Dallas Law Firm, Thompson, for appellant.
    for defendant: . Michael J. Rust and Korey M. Carter Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, for appellee. Other party representation: Percy J. Blount Glover & Blount PC, Augusta.
    Case Number: A06A0538

    The defendant's employee was not acting in the course and scope of his employment at the time he caused the accident in which the plaintiff and her daughter were injured, since he was performing per

  • Western Indus. Inc. v. Poole

    Publication Date: 2006-07-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gene A. Major and Alexander Gordon Fain, Major & Wiley, Atlanta, for appellant.
    for defendant: Aleksandra H. Bronsted, Chamblee and Melanie M. Norwell Bovis, Kyle & Burch LLC, Atlanta, for appellee.
    Case Number: A06A1356

    Punitive damages in cases involving negligent hiring and retention are recoverable only upon a showing of "an entire want of care," which raises a presumption of conscious indifference to the consequ