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  • Rodriguez v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michelle G. Harrison, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, William H. McClain and Christopher R. Johnson, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A06A1439

    A mistake in the waiver of rights form th defendant signed regarding the maximum sentence he faced did not result in manifest injustice requiring reversal, since the prosecutor asked defendant

  • Tarver v. State

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark A. Casto, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and David R. Helmick, Assistant District Attorney, Columbus, for appellee.
    Case Number: A06A1053

    The trial court did not abuse its discretion in denying the defendant's motions for a mistrial after the admission of two instances of allegedly inadmissible bad character evidence during the victim

  • In the Interest of J. P.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Darien, for appellant.
    for defendant: in A06A0102. Carol N. Miller, Pembroke, for appellant. in A06A0104. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Stefan E. Ritter, Assistant Attorneys General, Atlanta, and Sherri P. McDonald, Vidalia, for appellee.
    Case Number: A06A0102; A06A0104

    The juvenile court erred in extending DFACS's temporary custody because there was no testimony that the father, who completed every aspect of his case plan, was not capable of taking care of the

  • In the Interest of C. G.

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard A. Jones, Canton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Hope M. Pereira, Woodstock, for appellee.
    Case Number: A06A0680

    Evidence of the mother's unrehabilitated substance abuse and her failure to maintain a meaningful bond with her children, supported the termination of her parental r

  • Walker v. State

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    Case Number: A06A1294

    The state introduced DNA evidence corroborating the 13-year-old child molestation victim's testimony regarding the defendant's ac

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    Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn

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  • Clements v. State

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Melinda I. Ryals Public Defender's Office, Nashville, for appellant.
    for defendant: Catherine H. Helms, District Attorney, Nashville, for appellee.
    Case Number: A06A0078

    The defendant was not entitled to a mistrial after a juror fell asleep during the trial, since the defendant failed to bring the juror to the trial court's attention while he was sleeping and when c

  • Baxley v. Hakiel Indus. Inc.

    Publication Date: 2006-06-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas W. Malone and Frank A. Ilardi, 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 evidence showed that the defendants' patrons sometimes arrived or departed on foot or by taxi and the establishments' employees testified that they had no information suggesting that the driver,

  • Jordan v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William A. Adams Jr., Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Zebulon, and Cindy L. Spindler, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A06A0644

    O.C.G.A. § 42-8-34.1 c places a 2-year limit on the period of confinement, which may be ordered when prob is revoked because of a viol of a general provision of prob

  • Attaway v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel J. Sammons, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Kathleen J. Devine District Attorney's Office, Gainesville, for appellee.
    Case Number: A06A0670

    The trial court properly qualified the state's psychologist as an expert, since she had specialized training in forensic interviewing, previous experience testifying as an expert in the area and fiv

  • Donaldson v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gregory R. Barton, Solicitor, Douglasville, for appellee.
    Case Number: A06A0814

    The trial court did not err in allowing the state to introduce rebuttal evidence of the defendant's prior driver's license suspensions and insurance cancellations after the defendant's friend testi