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  • Felton v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A04A2236

    Defendant's custodial videotaped statement was admissible, since the defendant twice initiated further conversation with police after requesting co

  • Finney v. State

    Publication Date: 2004-12-03
    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 Grover W. Hudgins, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A04A1779

    Officers found three rocks of crack cocaine in the defendant's pocket when they arrested him for child molestation and statutory

  • Williams v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: J. Brown Moseley, District Attorney, and Ronald R. Parker, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A04A1806

    Defendant's confession that he possessed $100 worth of co was supported by evidence of $100 on the murdered dealer's bed next to several bags of a substance that tested positive for crack co

  • Buchan v. Lawrence Metal Prods. Inc.

    Publication Date: 2004-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Matthew F. McGahren Baum & McGahren LLC, Norcross, and Andrea M. Johnson Baum & McGahren LLC, Lawrenceville, for appellant.
    for defendant: Bobby B. Terry Misner, Scott & Martin, Atlanta, for appellee.
    Case Number: A04A1044

    The defendant failed to show as a matter of law that it did not manufacture an allegedly defective crowd-control system, since some evidence showed that the defendant had an active role in the creat

  • Baldwin v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joe Baldwin, Homer, proceeded pro se. Roger Queen, District Attorney, Ellijay, and Nancee E. Tomlinson District Attorney's Office, Athens, for appellee.
    for defendant:
    Case Number: A04A1755

    A defendant who is incarcerated out-of-state is not available for trial within the meaning of the speedy trial st

  • State v. Galloway

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Howard Z. Simms, District Attorney, Macon, for appellant.
    for defendant: Althea L. Buafo Buafo & Assocs., Macon, for appellee.
    Case Number: A04A1979

    An officer charged with rape is not entitled to the protections afforded to officers under O.C.G.A. § § 17-7-52 and 45-11-4 since rape does not arise out of the performance of an officer's official d

  • Colvard v. Mosley

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John S. Husser, Rome, for Colvard. Sean L. Hynes Downey & Cleveland, Marietta, for Mosley.
    for defendant:
    Case Number: A04A1804; A04A1805

    As a matter of law, the plaintiffs could not recover their expenses for medical tests performed by a chiropractor, where such tests were outside the scope of chiropractic care as defined by O.C.G.A.

  • Carver v. Empire Fire & Marine Ins. Co.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William B. Johnson, Jesup, for Carver and others. Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for Daniels and others. Marvin W. McGahee, Savannah, for Empire Fire & Marine Ins. Co. Clyde M. Urquhart, Woodbine, for Canal Indem. Co. Other party representation: Jeffery N. Osteen Jones, Osteen, Jones & Arnold, Hinesville, William M. McHugh Jr. Durham, McHugh & Duncan PC, Brunswick, and James E. Stein, St. Mary's.
    for defendant:
    Case Number: A04A1746; A04A1747; A04A1748

    Coverage for the plaintiffs' claims was limited by the insurance policy's exclusion for losses arising out of the use of an automobile by those persons who reside in the household of an employee, of

  • Debaeke v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville for appellee.
    Case Number: A04A2172

    Defense counsel testified at the new trial hearing that he always discusses the right to testify with his clients and he would not have prevented the defendant from testifying, if he wished to

  • Chancellor v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Suellen Fleming, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A1953

    Defense counsel's decision not to call witnesses in order to preserve the right to close arguments was stra