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  • Sharif v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A0379

    Evidence that the defendant shot the victim after the victim's friend refused to pay the defendant for drugs was admissible to show the defendant's motive in threatening and shooting the victim, eve

  • Harden v. State

    Publication Date: 2005-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Carlton K. Nelson III Nelson & Smith, Dublin, for appellant.
    for defendant: Ralph M. Walke, District Attorney, and Terry F. Holland, Dublin, for appellee.
    Case Number: A05A0319

    Trial court was not required to issue a sua sponte curative instruction after the rape victim's emotional out

  • Condon v. Vickery

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mitchell D. White, Jonesboro, for appellant.
    for defendant: E. Gilmore Maxwell and Earnelle P. Winfrey Smith, Welch & Brittain, McDonough, for appellees.
    Case Number: A05A0449

    A genuine issue of material fact remained as to whether the defendants had probable cause to prosecute the plaintiffs for sta

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • In the Interest of A. K.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Victoria E. Rowan, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Andrea R. Moldovan, Douglasville, for appellee. Other party representation: Jerry F. Pittman, Douglasville, Rita F. Cooper, Powder Springs.
    Case Number: A05A0670

    The Court remanded for a further determination regarding a 7-year-old child's placement following the termination of her mother's parental rights, because DFACS did not present sufficient evidence o

  • Wright v. Mann

    Publication Date: 2005-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth J. Rajotte, Atlanta, for appellant.
    for defendant: James W. Scarbrough and Walter B. McClelland Mabry & McClelland LLP, Atlanta, for appellee.
    Case Number: A05A0736

    The defendant failed to show excusable neglect in support of motion to open her default, since she did not make sure that her insurance carrier received the plaintiff's complaint or that an answer w

  • Tompkins v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Stephen B. Murrin Murrin & Wallis LLC, and Michael R. Duponte, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Lori A. Cheatham, Assistant District Attorney, Marietta, for appellee.
    Case Number: A03A1714

    The defendant did not waive his right to challenge the sufficiency of the evidence with regard to venue when he agreed to a bench trial in which the parties presented their evidence by pr

  • Loden v. State

    Publication Date: 2005-03-04
    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: Norman S. Gunter, District Attorney, Hiawassee, and Kimberly A. Pritchard, Assistant District Attorney, Dahlonega, for appellee.
    Case Number: A05A0536

    The defendant was not in custody for Miranda purposes until after the officer administered the field sobriety

  • The Corporation of Mercer Univ. v. Barrett

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas E. Magill and Catherine D. Stone Magill & Atkinson LLP, for appellant.
    for defendant: . Amanda A. Farahany Barrett & Farahany, Atlanta, for appellee. Other party representation: F. T. Davis Jr. Long, Aldridge & Norman, Letitia A. McDonald and Alan A. Stevens King & Spalding, Atlanta.
    Case Number: A05A0186

    The records generated, maintained and received by a private university's campus police department are not subject to the Open Record

  • Pitts v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Eric A. Ballinger, Canton, and Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Samuel K. Barger, Assistant District Attorney, Canton, for appellee.
    Case Number: A04A1621

    A juvenile court judge had subject matter jurisdiction over a felony criminal case pursuant to O.C.G.A. § 15-1-9.1 b 2, after she responded to an intra-county judicial request for assis