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  • DeLong v. State

    Publication Date: 2004-11-05
    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: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A2032

    The state failed to show that the stolen bathtub found in the defendant's truck was worth more than $500.

  • Landau v. Davis Law Group PC

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Wayne S. Tartline Belli, Weil, Grozbean & Davis LLP, and Stanley E. Kreimer Jr., Atlanta, for appellant.
    for defendant:
    Case Number: A04A1398

    The trial court's error in ordering the immediate issuance of a writ of fieri facias when it entered its judgment was harmless, since the defendant posted a supersedeas

  • Adams v. Gay

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Dwight T. Feemster and Matthew M. Bush Duffy & Feemster, Savannah, for appellant.
    for defendant: Kimberly C. Harris, Paul W. Painter Jr. Ellis, Painter, Ratterree & Adams LLP, and William N. Searcy Brannen, Searcy & Smith, Savannah, for appellee. Other party representation: Tammy M. Stokes, Savannah.
    Case Number: A04A1209

    The plaintiff could not revoke an irrevocable trust in the absence of the assignee's co

  • Swanson v. State

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Whitman M. Dodge, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A1661

    The defendant's incarceration between the charged crime and a similar transaction mitigated the length of the time

  • Robinson v. State

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Maryellen Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A2066

    Evidence of two prior incidents in which the defendant sexually assaulted unwilling women at night was admissible to rebut his defense of co

  • Battle v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ralph L. Phillips, Dawson, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, and Ronald R. Parker, Assistant District Attorney, Camilla, for appellee.
    Case Number: A04A1427

    The defendant failed to show that his plea counsel was ineffe

  • In the Interest of D. E.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joan E. Risher, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Laura W. Hyman, Assistant Attorney General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee.
    Case Number: A04A0965

    The mother's lengthy history of drug and alcohol abuse, her inability to provide a stable living environment and her failure to comply with the terms of the reunification plan supported the termina

  • Holloway v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A1027

    Evidence that the victim's skull was fractured and that it took more than thirty staples to close his head wounds supported defendant's conviction for aggravated ba

  • Foster v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A1393

    Trial counsel was not ineffective for advising the vehicular homicide defendant not to tell the trial judge that he swerved four feet into the emergency lane during rush hour when he bent down to pi

  • One Beacon Ins. Co. v. Hughes

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles G. Hoey Donahue, Hoey & Skedsvold LLC, Atlanta, for One Beacon Insurance Co. Wayne B. Bradley Milledgeville, for Hughes. Other party representation: Lee Southwell State Bd. of Workers' Compensation, Atlanta.
    for defendant:
    Case Number: A04A0982; A04A0983

    An employer is only entitled to take credit for workers' compensation its paid to an injured employee against the death its owed to a surviving spouse if the spouse elected to receive deat