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  • Gordy v. State

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brent D. Hutchison, Zebulon, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, Lydia M. Ferguson and Jeffrey F. Upchurch, Assistant Solicitors General, McDonough, for appellee.
    Case Number: A07A1233

    The state's incorporation of the STATE OF GEORGIA, HENRY COUNTY heading into the body of the defendant's accusation adequately alleged the county in which the incident occ

  • Brady v. Elevator Specialists Inc.

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David S. Currie, Atlanta, for appellant.
    for defendant: . Ambadas B. Joshi, Frederick M. Valz III Carlock, Copeland, Semler & Stair LLP, Stephen L. Cotter and William J. Martin Swift, Currie, McGhee & Heirs, Atlanta, for appellees.
    Case Number: A07A1115

    The defendants had in place extensive program of elevator inspection and repair, the second defendant inspected the elevator in question on day before and day of the plaintiff's injury and the plain

  • Finch v. State

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Reed Edmondson Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie B. McCrorey, Assistant District Attorney, Covington, for appellee.
    Case Number: A07A0925

    The record belied defendant's contention that he was denied his right to te

  • Baxley v. Hakiel Indus. Inc.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas W. Malone Malone Law Office and Frank A. Ilardi Houck Ilardi & Regas, LLP, Atlanta, for appellant.
    for defendant: Terrell W. Benton, III Hall, Booth, Smith & Slover PC, Frederick M. Valz III Webb, Carlock, Copeland, Semler & Stair, and Laura D. Tubbs Magill & Atkinson LLP, Atlanta, for appellees.
    Case Number: A06A0715

    The spoliation doctrine dictated a presumption against the first defendant in plaintiff's dram shop suit, since the first defendant's manager was aware of her customer's involvement in the accident

  • Pineda v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A0957

    Prior difficulties between the defendant and the victim were admissible to show the defendant's state of mind when he forced his girlfriend to pull into a gas station, approached her car and, upon h

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    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Howard v. State

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, for appellee.
    Case Number: A07A1065

    Evide at the defendant previously fondled a 6-year-old male relative's penis was admissible at his trial for child molestation and aggravated child molestation in which the state presented evid

  • Halilovic v. Penske Truck Leasing

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard N. Blevins Jr. Rodriguez & Assocs. LLC, Marietta, and David N. Krugler Cash, Krugler & Fredericks LLC, Atlanta, for appellant.
    for defendant: Ryan T. Strickland and Scott W. McMickle Dennis, Corry, Porter & Smith LLP, Atlanta, for appellee. Other party representation: Thomas E. McCarter Goldner, Sommers, Scrudder & Bass, Atlanta.
    Case Number: A07A1262

    Questions of fact remained as to whether the defendant's failure to properly report to authorities the recovery of a previously stolen trailer prior to leasing it to plaintiff constituted a breach o

  • In the Interest of S. B.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant District Attorney, Atlanta, and Franklin B. Patterson Bart Patterson & Assocs. LLC, Gainesville, for appellee. Other party representation: Alison M. Hallman Hallman & Martin PC and Walter J. Rucker, Gainesville.
    for defendant:
    Case Number: A07A1042

    The mother's pattern of instability, arrest and incarceration, and lack of commitment to her children and involvement in their welfare, as well as her failure to support her children and to comply w

  • In the Interest of M. M.

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Allison E. Bailey, Assistant District Attorney, Savannah, for appellee.
    Case Number: A07A1510

    The juvenile physically resisted his juvenile probation officer's attempt to stop him from fleeing, resulting in injuries to the officer's hand, arms and knee from a fall down a flight of stairs and

  • Cottrell v. State

    Publication Date: 2007-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: George C. Creal Jr., Forest Park, for appellant.
    for defendant: Leslie Miller-Terry, Solicitor General, Maurice Brown, Assistance Solicitor General, Jonesboro, and Keith E. Gammage, Atlanta, for appellee.
    Case Number: A07A1417

    The trial court did not abuse its discretion in limiting the defendant's request for full information to the material, which the state conceded to be discove