Filter This View

  • Arkwright v. State

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathleen Aderhold, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A0998

    The state could not use the defendant's prior conviction to seek recidivist sentencing after it used that conviction to prove the offense of possession of a firearm by a convicted

  • Barnes v. City of Atlanta

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, and Robert D. Feagin Decker & Hallman, Atlanta, for Barnes and others. Linda K. DiSantis, City Attorney, and Lemuel H. Ward City of Atlanta Law Dep't, Atlanta, for the City of Atlanta.
    for defendant:
    Case Number: A05A0873; A05A0874

    The tax refund demand date for Class I attorneys, who paid an unconstitutional occupational tax, but made no pre-litigation claim for refunds as required under O.C.G.A. § 48-5-380, was February 27,

  • Wachovia Bank of Ga. v. Namik

    Publication Date: 2005-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Linkous Jr., Nicole J. Wade and David G. Ross Powell, Goldstein, Frazer & Murphy LLP, Atlanta, for Wachovia Bank of Ga. Robert J. Kaufman and Jason S. Adler Kaufman, Miller & Sivertsen, Atlanta, for Namik and others.
    for defendant:
    Case Number: A03A2198, A03A2199

    Some evidence supported the trial court's finding that a bank breached its fiduciary duty as trustee of a revocable living trust when it failed to invest the decedent's funds in accordance with his

  • Oswell v. Nixon

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John C. Wise, Atlanta, for appellant.
    for defendant: Edward H. Wasmuth Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A05A1410

    Georgia law does not recognize a private cause of action for the alleged unauthorized practice o

  • Drummond v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Sarahlouise S. Japour, Assistant District Attorney, Franklin, for appellee.
    Case Number: A05A1442

    Trial counsel was not deficient for failing to object to the child molestation victim's statement right after she and the defendant had sex, since the statement was admissible as part of the res g

  • Lee v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Amanda E Persons, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A05A1758

    The 17-month-old victim suffered second and third-degree burns when the defendant maliciously and intentionally immersed her in hot water after she soiled her d

  • In the Interest of A. A.

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sami O. Malas, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Richard K. Murray, Dalton, for appellee. Other party representation: Philip F. Woodward, Dalton.
    Case Number: A05A1063

    The mother failed to provide necessary medical and dental care for her children, failed to properly supervise them and failed to meet her case plan

  • Evans v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Fred R. Simpson, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A05A1497

    An arrest does not necessarily have to precede the reading of the implied consent n

  • Bowling v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Jerry Rylee, Solicitor, Larry A. Baldwin II, Assistant Solicitor, and Francis J. Moran III Solicitor's Office,Gainesville, for appellee.
    Case Number: A05A1303

    Circumstantial evidence of the defendant's intoxication was sufficient to support his conviction for operating a boat while under the influence of alcohol to the extent it was less safe for him to

  • In the Interest of B. S.

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Johnny R. Pannell, Hawkinsville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Charles M. Johnson, Eastman, for appellee. Other party representation: Clayton A. Hall, Hawkinsville, and Laurel Straughn Guardian Ad Litem, McRae.
    Case Number: A05A1296

    The mother's repeated failure to comply with her case plan goals, her refusal to accept responsibility for her child's failure to thrive and her inability to provide for the child's medical and othe