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  • Taylor v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herbert Adams Jr. The Adams Group PC, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and John M. Turner Jr., Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A08A2073

    The defendant participated in a gun battle at a local park, where bullets struck a woman in her wrist and killed her 4-year-old gra

  • Laurens County Bd. of Educ. v. Dewberry

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert R. Potter Swift, Currie, McGhee & Hiers, and James A. Robson, Atlanta, for appellant.
    for defendant: . Blake J. Smith Nelson & Smith, Elton L. Wall Wall & Elliott LLP, and Claire Cronin, Macon, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., Atlanta.
    Case Number: A08A1503

    If a claimant is injured on the job but continues to perform the duties of his employment without receiving any workers' compensation benefits, but subsequently is forced to cease work because of th

  • Daniel v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & Assocs. PC, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A08A2351

    Evidence that the defendant touched his 11-year-old step-granddaughter on her private parts and made her touch his private parts more than ten times supported his aggravated child ation, child

  • Adams v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Clyde E. Rickard III Chambers, Aholt & Rickard LLP, Atlanta, for appellant.
    for defendant: William M. Cheves Jr., Jane N. Wilkes Sharon W. Ware & Assocs., Kimberly A. McNamara, Russell D. Waldon Harper, Walden & Craig, Rodney S. Shockley Downey & Cleveland, Marietta, and Ryan A. Johnson Bryan M. Pulliam LLC, Covington, for appellee. Other party representation: Mathew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A08A2315

    The insurer was entitled to set off the in s uninsured motorist coverage by the full $25K paid from the tortfeasor's insurance carrier, even though part of the payment was used to pay off the i

  • Nesbitt v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A08A2325

    Any error in admitting similar transaction evidence that the defendant robbed two individuals in 1994 in the defendant's trial for the armed robbery of a convenience store was har

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Epps v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael S. Marr, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A2178

    The defendant admitted to being at the scene of the three armed robberies in question, helping his co-defendant remove items from the first victim's home and using the victims' bank cards in an att

  • Greene v. Georgia Dept. of Transp.

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Carl Reynolds, Bradley J. Survant and Michael G. Horner Reynolds & McArthur, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Robert L. Bunner Dep't of Law, Atlanta, for appellee.
    Case Number: A08A2343

    The plaintiff sped through three sets of Road Closed barricades at a speed of 65-75 mph in a 45-mph zone, before rounding a curve and colliding with a bank of excavated dirt in the middle of the

  • Lucas v. State

    Publication Date: 2009-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason P. Carini, Harold B. Baker, Timothy L. Eidson and Lisa M. Palmer Public Defender's Office, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Deshala D. Bray, Assistant District Attorney, Cordele, for appellee.
    Case Number: A08A2248

    The defendant was not entitled to a charge on the lesser offense of sexual battery, since he denied having any sexual contact with the v

  • Whatley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth W. Sheppard, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A08A1866

    The trial court harmlessly erred in allowing the state to impeach the defendant's witnesses with evidence of their prior convictions without engaging in O.C.G.A. § 24-9-84.1 a 1's required balancing

  • Cronin v. Homesales Inc.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Francis X. Moore Frank X. Moore & Assocs., Atlanta, for appellant.
    for defendant: Adam M. Silver McCalla Raymer, Roswell, for appellee.
    Case Number: A08A2219

    Absent a transcript, the trial court's judgment and orders granting a writ of possession to the plaintiff were presumably co