• Brooks v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jennifer B. Ventry Metro Conflict Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A10A1077

    The 7-year delay between the grant of the defendant's motion for a new trial and the filing of his plea in bar did not raise a presumption of actual prejudice because the defendant did not timely as

  • English v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Randall C. Schonder Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.

    Case Number: A10A1119

    The Court rejected the defendant's claims that the electronic images on his cell phone were inadmissible without a chain of custody showing, since the cell phone was distinct and recognizable, no Ge

  • Overstreet v. State

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John R. Taylor, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.

    Case Number: A10A0969

    Given the overwhelming evidence, any error in admitting limited testimony about the defendant's involvement in two other robberies in another county was har

  • Dubarton Enters. LLC v. Appalachian Community Bank

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert J. Kaufman and Jeremy B. Liebman Kaufman, Miller & Silvertsen, Atlanta, for appellant.
    for defendant: Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, and Jeffrey R. Saxby Epstein, Becker & Green PC, Atlanta, for appellee.

    Case Number: A10A0858

    The parties' security deed unambiguously gave the bank the power to foreclose, if the loan was not sati by the maturity date, and the uncontroverted evidence showed that the loan was never sati

  • Lowry v. Cochran

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Paul L. Groth, Laura D. Johnson Groth & Makarenko, Suwanee, and Robert M. Malcom Preston & Malcom, Monroe, for Lowry. William M. Akin Akin & Tate LLC, Cartersville, for Cochran. William C. Anderson Downey & Cleveland, Marietta, for Johnson. David G. Archer Archer & Lovell PC, Cartersville, for the city of Euharlee. Other party representation: Lance T. McCoy The McCoy Law Firm, Cartersville.
    for defendant:

    Case Number: A10A0929; A10A0930; A10A0931; A10A0932

    A city was immune from liability under the Recre l Property Act for the plaintiff's injuries during a skydiving demonstr

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    Authors: Shari L. Klevens, Alanna G. Clair

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  • Parker v. Stone

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Andrew B. Koplan, Atlanta, for appellant.
    for defendant: Kenneth B. Bernard Jr. Sherrod & Bernard, Douglasville, and James B. Outman, Atlanta, for appellees. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Andrea R. Moldovan, Special Assistant Attorney General, Douglasville.

    Case Number: A10A1306

    The appellant had no legal interest in the adoption proceeding, because paternity testing excluded his half-brother as 2-year-old child's biological f

  • In the Interest of F. F.

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Greenville, for appellee.

    Case Number: A10A1270, A10A1271

    The trial court abused its discretion in sequestering the 14-year-old juvenile's parents during his delinquency trial, since parents are parties to juvenile proceedings and may not be sequestered,

  • In the Interest of I. W.

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ruby L. Knight Knight & Assocs., Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, Toni G. McDowell, Stone Mountain, and Jemma Moses Clayton County DFACS, Jonesboro, for appellee. Other party representation: Evan J. Black, Jonesboro.

    Case Number: A10A1141

    The evidence clearly and convincingly demonstrated that the 9-year-old child's biological father had physically, mentally and emotionally neglecte

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-06-11
    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

    The plaintiff did not show that she had a right to oral argument on her motion to reconsider and v

  • State v. Mohammed

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Barry E. Morgan, Solicitor General, and Annamarie V. Baltz, Marietta Solicitor General's Office, for appellant.
    for defendant: Robert F. Webb, Marietta, for appellee.

    Case Number: A10A1188

    The investigative officer's patrol car video did not clearly establish that the trial court erred in determining that the traffic stop in question was unl