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  • Boynton v. State

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ricardo G. Samper and Jerry F. Pittman Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Andrea A. Newton, District Attorney's Office, Newnan, for appellee.
    Case Number: A07A1128

    The victims' testimony that they were 15 years old when the defendant started committing various sexual offenses against them authorized the jury to find that the offenses occurred before the victim

  • Millsaps v. Kaufold

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank Armstrong III and Nancy L. Richardson Stewart, Melvin & Frost, Gainesville, for appellant.
    for defendant: Emory L. Palmer Carr & Palmer, Atlanta, for appellees.
    Case Number: A07A1132

    Questions of fact remained as to whether an attorney's alleged errors in failing to identify and name corporations controlled by his client's former husband as defendants in a divorce action and his

  • Quality Foods Inc. v. Smithberg

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John M. Hamrick, Gregory J. Digel Holland & Knight, Atlanta, for Quality Foods and Darby Bank & Trust Co. Richard J. Harris Brennan, Harris & Rominger, Savannah, for Johan and Gisela Lindeman. N. Harvey Weitz, Michael L. Edwards, Anthony R. Casella Weiner, Shearouse, Weitz, Greenberg & Shaw LLP, for Smithberg and others. Timothy R. Walmsley Hunter, MacLean, Exley & Dunn PC, Savannah, for the Paxton Building Condominium Assoc. Inc.
    for defendant:
    Case Number: A07A1352; A07A1353

    Lender's exception in condominium's declaration applied to the sale of condominium Unit Two and removed the sale from a family trust to a third party from the Declaration's requirement that any tran

  • Benson-Jones v. Sysco Food Servs. of Atlanta LLC

    Publication Date: 2007-10-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Hezekiah Sistruck Jr. Cochran, Cherry, Givens, Smith & Sistruck PC and Warren N. Sams III The Sams Law Firm, Atlanta, for appellant.
    for defendant: Michael J. Goldman Hawkins & Parnell, Robert B. Wedge and Jason A. Cooper Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellee.
    Case Number: A07A1971

    The defendant did not violate state and federal regulations intended to protect minors by failing to obtain a certificate of the decedent's true age before permitting him to work at the warehouse, s

  • Massa v. State

    Publication Date: 2007-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Alan Mullinax Alan Mullinax & Assocs. PC, Lawrenceville, and Howard J. Manchel, Atlanta, for appellant.
    for defendant: Shawn E. LaGrua, Solicitor General, Paige E. Boorman and Mirna G. Andrews, Assistant Solicitors General, Decatur, for appellee.
    Case Number: A07A1019

    Evidence that defendant admitted drinking a bottle of wine, smelled of alcohol, had bloodshot glassy eyes, slurred speech and could barely stand on his own, supported his DUI-less safe driver convi

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • McClendon v. State

    Publication Date: 2007-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Corey McClendon, Alamo, proceeded pro se. Richard G. Milam, District Attorney, and Rita B. Lewis, Assistant District Attorney, Jackson, for appellee.
    for defendant:
    Case Number: A07A1529

    The trial court properly dismissed the Defendant's petition to correct a void felony sentence, since he made no motion to withdraw his guilty

  • Clarke v. State

    Publication Date: 2007-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Vicki E. Carter, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and C. Rebecca Smith District Attorney's Office, Athens, for appellee.
    Case Number: A07A1850

    The state met its burden of proving that the defendant knowingly and voluntarily waived his right to a jury

  • Montgomery v. State

    Publication Date: 2007-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Fayetteville, for appellee.
    Case Number: A07A1469

    The trial court did not mislead the jury by charging on the complete code section on offensive w

  • Mercer v. Washington Mut. Home Loans

    Publication Date: 2007-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linda D. Mercer, Smyrna, proceeded pro se. Julie C. Jared Wargo & French LLP and Shanon J. McGinnis, Atlanta, for appellee.
    for defendant:
    Case Number: A07A1838

    The plaintiff failed to present any evidence refuting the trial court's determination that she failed to state a claim and she failed to supported any of her enumerated errors with citations to the

  • Atlanta Women's Health Group v. Clemons

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. Monyak Peters & Monyak and Benson E. Pope, Atlanta, for appellant.
    for defendant: . W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellees.
    Case Number: A07A1093

    The plaintiffs were entitled to pursue a simple negligence claims against the defendants without filing an expert affi