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  • McGraw v. State

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Patrick H. Head, District Attorney, Laura M. Murphy, Timothy B. Lumpkin and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A05A2342

    The defendant poured gasoline near two ignition sources in the crawlspace of his estranged girlfriend's house and then told her adult children to light the water heater's pilot

  • Lough v. State

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brian M. House, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and John L. O'Dell, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A05A1665

    The defendant had no reasonable expectation of privacy in a backpack found in the kitchen of his girlfriend's apartment, since he consistently denied that the backpack belonged t

  • Robinson v. State

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Noah H. Pines, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2011

    The defendant confessed to stealing and burning an automobile and committing the armed robberies of a beer delivery truck and a package

  • In the Interest of L. A. N.

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Tommy K. Floyd, District Attorney, and Thomas L. Williams, Assistant District Attorney, McDonough, for appellant.
    for defendant: Robert L. Mack Jr., Jonesboro, for appellee.
    Case Number: A05A2123

    13-year-old juvenile did not have a constitutionally protected privacy interest in having alleged consensual sexual intercourse with her 17-year-old step-br

  • Depree v. State

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Thomas A. Cole and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A05A2255

    The officer's testimony about a witness's statements was admissible and not subject to a hearsay objection, even if the statements were not inconsistent with her testimony, because the witness's ver

  • The Boeing Co. v. Blane Int'l Group

    Publication Date: 2005-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. King Greenberg Traurig LLP and Hayden R. Pace, Atlanta, for Boeing Co. Lawrence E. Newlin and Jeffrey N. Schwartz, Atlanta, for Blane Int'l Group.
    for defendant:
    Case Number: A05A1843, A05A1844

    Georgia law does not require written proof of an oral promise as an element of a negligent misrepresentation

  • Mathis v. State

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2150

    The trial court's proper comments and direction of defense counsel during the defendant's trial did not violate O.C.G.A. § 17

  • Sears v. Macon Water Auth.

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Neal B. Graham and David C. Bowers Jr. Buzzell, Graham & Welsh LLP, Macon, for appellant.
    for defendant: Lonzy F. Edwards, Macon, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.
    Case Number: A05A1680

    The superior court exceeded its jurisdiction in ruling that the employer was not required to pay any future medical expenses related to the worker's heart condition, since the board never considered

  • McCastle v. State

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A05A2275; A05A2276

    The trial court clearly erred in finding that the state's reason for striking one of two African-American prospecti ors was race neutral where the prosecutor stated that she struck the prospect

  • Cherokee Nat'l Life Ins. Co. v. Eason

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Stephen J. Anderson Anderson Daily LLP, Atlanta, and Sam L. Brannen, Statesboro, for appellant.
    for defendant: Bruce D. Dubberly Jr. Dubberly & McGovern, Glennville, for appellees.
    Case Number: A05A1488

    O.C.G.A. § 33-4-6 a does not allow for additional damages absent a finding that the insurer acted in bad faith in denying a