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  • Smith v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0890

    Trial counsel's failure to object to the evidence of an accomplice's guilty plea was a matter of tactics and str

  • White v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Alison T. Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A10A0987

    The trial court did not abuse its discretion by not granting a continuance to allow the defendant time to prepare for trial, because the trial court did continue the trial for two days, the state's

  • Cameron v. Miles

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Stanley E. Foster Hollowell Foster & Herring PC, Atlanta, for appellant.
    for defendant: Precious Anderson-Scott The Anderson Firm LLC, Atlanta, for appellee.
    Case Number: A10A1102

    The trial court should have granted the defendant's motion to set aside its final order granting the plaintiff's motion to strike defendant's answer and counterclaims, because the trial court did n

  • Neal v. Augusta-Richmond County Personnel Bd.

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher G. Nicholson, Augusta, for appellant.
    for defendant: Daniel W. Hamilton Shepard Plunkett Hamilton, Augusta, for appellee.
    Case Number: A10A0705

    The Court reversed the trial court's affirmance of a county personnel board's termination of a firefighter, because the board erred in admitting a lab report without allowing the firefighter to conf

  • Humphrey v. Homecomings Fin. LLC

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Henry R. Stringfellow, Lawrenceville, for appellant.
    for defendant: . John O. Sullivan Burr & Forman LLP, Atlanta, for appellee.
    Case Number: A10A0824

    The appellants waived their claimed issues on appeal in a suit to reform warranty and security

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  • Leverette v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0925

    Any alleged error in the trial court's charge that slight movement is sufficient to prove asport did not require reversal, given the overwhelming and undisputed evidence of asport

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. McCall, Marietta, for appellant.
    for defendant: James T. Budd, David T. Markle and Brett A. Miller Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A10A0620

    A construction company's service of its' motion to dismiss by e-mail offered no basis for reversal, because e-mail service is permissible and the plaintiff did not show that any statutory requiremen

  • Romani v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Marc A. Pilgrim Pilgrim & Assocs. PC, placeCityAtlantafor appellant. Patrick H. Head, District Attorney, and John R. Edwards District Attorney's Office, placeCityMariettafor appellee.
    for defendant:
    Case Number: A10A0856

    The defendant waived any error concerning the admission of evidence pursuant to the child hearsay statute, because the defendant failed to object to the evidence at

  • placeCityDixon v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert H. Citronberg, and Joseph S. Habachy, placeCityAtlantafor appellant. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A08A2126

    The state was not required to stipulate to venue, such that the defendant would then be entitled to a jury instruction on a lesser included offense of theft by taking in Dekalb county, when the alle

  • placeCityJohnstonv. Crescent Bank and Trust Co.

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Clyde L. Johnston, Cartersville, proceeded pro se. Lisa A. Frank Thompson, O'Brie, Kemp & Nasuti PC, Norcross, for appellee.
    for defendant:
    Case Number: A10A0641

    The plaintiff did not demonstrate that he was injured in his suit claiming that the bank lost its first priority ity interest on certain property on which the plaintiff also maintained a specia