• Newton County Home Bldrs. Ass'n Inc. v. Newton County

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Travis C. Hargrove and Deron R. Hicks Page, Scrantom, Tucker & Ford, Columbus, for appellant.
    for defendant: . William T. Craig, Covington, J. Anderson Davis, Norman S. Fletcher Brinson, Askew, Berry, Siegler, Richardson & Davis, Rome, and Edward D. Tolley Cook, Noell, Tolley, Bates & Michael, Athens, for appellee.

    Case Number: A07A1152

    Homebuilders associations lacked standing to recover impact fees for their individual members, since they were seeking monetary damages not common to the entire membership nor shared in equal d

  • Venegas v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.

    Case Number: A07A1326

    Trial counsel was not deficient for strategically choosing to inform the jury of the defendant's prior criminal conviction to show that the defendant would not have been foolish enough to commit ano

  • Brooks v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Shawn E. LaGrua, Solicitor General, and Mirna G. Andrews, Assistant Solicitor General, Decatur, for appellee.

    Case Number: A07A0793

    The defendant did not request an independent chemical test when he asked the arresting officer "Do I have to take a Breathalyzer or a blood alcohol content" in response to the officer's repeated qu

  • McCaskell v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A07A0744

    The trial court did not abuse its discretion in giving the jury a written copy of the kidnapping c

  • Thomas v. Medical Ctr. Of Central Ga.

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Audrey M. Tolson Cocharan, Cherry, Givens, Smith & Sistrunk PC, and Jane L. Sams, Atlanta, for appellant.
    for defendant: Roy H. Meeks Jr. Pursley, Lowrey Meeks LLP, Atlanta, and Paul G. Phillips McCall, Phillips & Williams LLC PC, Albany, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Atlanta.

    Case Number: A07A0492

    The applicable 2-year statute of limitation barred plaintiff's nursing malpractice

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  • Bonner Roofing & Sheet Metal Co. Inc. v. Karsman

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Taylor W. Jones Jones, Jensen & Harris, Atlanta, for Bonner Roofing. James T. McDonald Jr. and James D. Johnson Swift, Currie, McGhee & Hiers LLP, Atlanta, for Karsman.
    for defendant:

    Case Number: A07A0597; A07A0598

    The trial court erred in finding that a factual question remained as to whether an attorney was supposed to have secured the individual liability of a third party in an indemnity agreement, since th

  • Head v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Richard E. Currie, District Attorney, Douglas, for appellee.

    Case Number: A07A0670

    There was no reasonable probability that the outcome of the defendant's trial would have differed, if his counsel had objected to cumulative testimony about a prior difficulty with one of the vi

  • Davis v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A07A0006

    The defendant showed up at an arranged drug sale of $11K in marijuana, showed the undercover officer a sample, told the officer that the marijuana was in a van that followed her and officers discove

  • State v. Owens

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John G. Conger, District Attorney, and LaRae D. Moore, Assistant District Attorney, Columbus, for appellant.
    for defendant: Melvin E. Cooper, Columbus, for appellee.

    Case Number: A07A0328

    No probable cause existed for issuance of a search warrant when the investigating officer omitted material information from his affi

  • Young v. State

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nathanael A. Horsley, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Vanessa E. Sykes District Attorney's Office, Gainesville, for appellee.

    Case Number: A07A0210

    The officer did not have a reasonable suspicion to conduct an investigatory stop of the defendant's vehicle, simply because he was driving with a lawn mower in his vehicle's trunk near an area where