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  • Fuller v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jennifer M. Taylor, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A2308

    The trial court did not abuse its discretion in allowing one of the victim's to testify that the defendant looked at her with a ' "mean, just horrible cold-hearted face," ' since evidence of the def

  • Beasley v. Smith

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: DaCara S. Brown Office of Indigent Defense, Augusta, for appellant.
    for defendant: William B. Warlick Warlick, Tritt & Stebbins, Augusta, for appellees.
    Case Number: A08A2255

    Absent a transcript, the $14,632 judgment against a landlord for conversion and damage to personal property located at the plaintiffs' residence was presumably co

  • Marshall v. State

    Publication Date: 2009-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, and Kristen C. Quinton Public Defender's Office, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Myra Y. Hutchinson, Assistant District Attorney, Macon, for appellee.
    Case Number: A08A1749

    The defendant's access to the drugs officers found in the bathroom he ran to when officers arrived to execute a search warrant and his actions in fleeing there showed his power to exercise control o

  • Gilliam v. State

    Publication Date: 2009-01-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna L. Clement Public Defender's Office, Monroe, and Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A08A2207

    The responding officer had probable cause to believe that the defendant was DUI based on the odor of alcohol on the defendant's breath and the fact that the defendant caused the accident by failing

  • Dover Realty Co. Inc. v. Pecce

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth G. Lawrence and Douglas R. Ballard Jr. Fears, Lawrence & Turner PC, Jackson, for appellant.
    for defendant: George T. Brown Jr. Brown & Brown, Jonesboro, for appellee.
    Case Number: A08A2066

    A real estate y was not entitled to a commission on the sale of the defendant's property to a private buyer where the defendant reserved the right to do so in his contract with the real estate

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  • McKenzie v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark R. Gaffney, Stone Mountain, for appellant.
    for defendant: Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A08A1722

    The trial court properly admitted the defendant's confession to police, since the interviewing officers testified that the defendant waived his rights in writing, he never requested an attorney or

  • Harris v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: R. Matthew Eunice, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, and John A. Rumker, Assistant District Attorney, Douglas, for appellee.
    Case Number: A08A2001

    The defendant stabbed the victim in the back, lacerating his liver and puncturing his

  • State v. Durrence

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard A. Mallard, District Attorney, and Brian A. Deal, Assistant District Attorney, Statesboro, for appellant.
    for defendant: Donna M. Carnley and Robert L. Persse, Statesboro, for appellee.
    Case Number: A08A1640

    The defendant's intoxication and other factors supported the trial court's finding that he did not voluntarily consent to a search of his resi

  • Green v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James W. McIlvaine, Assistant Circuit Defender, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Robert German Jr. District Attorney's Office, Brunswick, for appellee.
    Case Number: A08A2026

    Although the nearly 3-year delay between Green's arrest and the filing of his accusation was presumptively prejudicial, the defendant's failure to timely invoke his speedy trial right weighed heavil

  • Perry v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A08A1913

    The excluded testimony of the defendant's expert about an aggressor's ability, opportunity and harmful intent involved common sense concepts within the average juror'