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  • Wofford v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Aldous D. McCrory, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Jason A. Lewis, Assistant District Attorney, Rome, for appellee.
    Case Number: A03A1383

    There was insufficient circumstantial evidence from which the jury could have found that the defendant had constructive possession of the gun hidden under the front passenger car seat he had occ

  • Morrell v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Isabel P. DeWitt and William D. Bonds, Assistant District Attorneys, Savannah, for appellee.
    Case Number: A03A1031

    The trial court properly charged the jury that similar transaction evidence can be considered for the purpose of showing course of conduct, even though its order allowing the evidence did not state

  • Weiss v. Old Republic Nat'l Title Ins. Co.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John G. Parker, Brady S. McFalla Paul, Hastings, Janofsky & Walker, and Nicole L. Day Greenberg, Traurig LLP, Atlanta, for appellant.
    for defendant: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellees.
    Case Number: A03A0247

    The plaintiffs did not waive their right to assert a claim for breach of ty of title by not filing a written objection pursuant to the terms of the sales contract because the provisions of the

  • Villegas v. State

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Norman H. Cuadra, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Rosemary W. Brewer DeKalb County District Attorney's Office, Decatur, for appellee.
    Case Number: A03A1297

    The trial court did not abuse its discretion in denying defendant's motion for appointment of a psychiatrist in the absence of evidence of mental deficiency that would have interfered with defendant

  • Branesky v. State

    Publication Date: 2003-07-18
    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, Rudjard M. Hayes and Charles M. Lane, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A03A0181

    The state established venue through the 5-year-old victim's testimony that the crimes took place in the house she shared with the defendant and deputy's testimony that the house is located in Meriwe

  • King v. State

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George T. Smith Browning & Tanksley LLP, Hylton B. Dupree Jr. and Patrick N. Millsaps Dupree, Johnson, Poole & King, Marietta, for King. Debra H. Bernes and Nancy I. Jordon, Marietta, for Massey. Patrick H. Head, District Attorney, Patricia G. Hull, Dana J. Norman, Timothy B. Lumpkin and Amelia G. Pray, Assistant District Attorneys, Marietta, for the state.
    for defendant:
    Case Number: A03A0422; A03A0423

    The trial court was not required to instruct the jury further on causation because in the criminal context any negligence on the part of the victim is not relevant where there is no question that th

  • Georgia Pipe Co. v. Lawler

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles B. Marsh and Scott M. Williamson Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Lance A. Cooper, Andrew W. Jones and Scott B. Cooper Cooper & Jones LLP, Marietta, for appellees. Other Party Representation: Grant B. Smith Dennis, Corry, Porter & Smith LLP, and Earl W. Gunn Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta.
    Case Number: A03A0756

    The trial court should have set-off the full amount of the plaintiffs' unallocated settlement with two defe from the $1.7 million jury verdict against the sole remaining defe

  • Knight v. West Paces Ferry Hosp. Inc.

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard P. Decker, William W. Briggs and Stacy E. Hyken Decker, Hallman, Barber & Briggs PC, Atlanta, for appellant.
    for defendant: . Earl W. Gunn and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
    Case Number: A03A0780

    Some evidence supported the plaintiff's claim that the defendant's nursing staff breached the applicable standard of car in the manner in which they administered IV therapy following plaintiff's cer

  • Hopper v. M&B Builders Inc.

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathryn J. Jaconetti Jaconetti & Assocs. LLC, Atlanta, for appellant.
    for defendant: . G. E. Adams, Warner Robins, for appellee.
    Case Number: A03A0381

    No authority supported defendants' contention that a construction foreman's alleged perjury was grounds for a new trial in a builder's suit for breach of a new home construction agre

  • Chatham County Bd. of Assessors v. Jepson

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Diane M. McLeod, Savannah, for appellant.
    for defendant: David M. Conner, Walter C. Hartridge and Edgar P. Williams Bouhan, Williams & Levy, Savannah, for appellees.
    Case Number: A03A0031

    The plaintiffs were required to appeal their tax reassessment to the board of equaliz