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  • Gray v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason P. Carini, Harold B. Baker and Lisa M. Palmer Public Defender's Office, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Matthew P. Brown District Attorney's Office, Cordele, for appellee.
    Case Number: A08A2294

    The involuntarily committed defendant failed to prove by a preponderance of evidence that she should be conditionally released to outpatient

  • Department of Community Health v. Pruitt Corp.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Evan R. Kaplan and Michelle Townes, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: . Glenn P. Hendrix and Richard E. Gardner III Arnall, Golden & Gregory, Atlanta, for appellees.
    Case Number: A06A2339

    The Georgia Department of Community Health incorrectly relied on a 2001 cost report instead of a 2002 accepted, but unaudited ten-month cost report to set the 2004 id reimbursement rates for a

  • Kelley v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A1702

    The then 8-year-old victim identified the defendant as the man, who approached her while she was playing behind a vacant house, told her to ' "Give me head," ' and put his ' "private" ' in her

  • Stone v. Stone

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Andy J. Williams Jr., Blakely, for appellant.
    for defendant: Joshua C. Bell Kirbo, Kendrick & Bell LLC, Bainbridge, for appellee.
    Case Number: A08A2020

    Res judicata did not bar the husband's claim that his ex-wife breached their settlement agreement by not indemnifying him for debts she incurred through a credit line on their marital home, which sh

  • Airtab Inc. v. Limbach Co. LLC

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Bobby C. Aniekwu Bobby C. Aniekwu & Assocs., Atlanta, for appellant.
    for defendant: Ira J. Smotherman Jr. and Herman L. Fussell Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellees.
    Case Number: A08A1909

    The trial court did not err in rejecting the plaintiff's claims of rator partiality and bias, since the plaintiff cited no authority preventing an rator from questioning witnesses during a

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Vrana v. Augusta-Richmond County

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John M. Brown, Augusta, for appellant.
    for defendant: Mark B. Williamson Burnside Wall LLP, Augusta, for appellees.
    Case Number: A08A1775

    Nothing places the plaintiff's voluntary demotion from county Deputy Chief Tax Appraiser to a non-managerial position within disciplinary procedures or gives the plaintiff a clear legal right to rei

  • Gresham v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David C. Abbott, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, McDonough, for appellee.
    Case Number: A08A2388

    Trial counsel's decision not to move to sever the defendant's trial was stra

  • In the Interest of A. D.

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey W. Duncan, Tallapoosa, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and T. Michael Flinn Law Offices of T. Michael Flinn, Carrollton, for appellee.
    Case Number: A08A1864

    The mother failed to meet any of her reunification case plan's mental health goals, was unable to maintain stable housing, and repeatedly involved herself with men, who subjected her to domestic vio

  • Wallace v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Barbara N. Lanier, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A08A2413

    Under the totality of the circumstances, the one-on-one show up, in which the first victim identified the defendant as the man, who robbed her, created little likelihood of misidentific

  • Law v. Harris

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Shelley W. Cox, Jefferson, for appellant.
    for defendant: William D. Temple Temple, Strickland & Counts, Decatur, for appellees.
    Case Number: A08A1760

    The law does not provide a remedy in a suit for intentional infliction of emotional distress for alleged conduct, which is merely rude or insu