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  • State v. Metzager

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David L. Cannon Jr., Solicitor General, Barry W. Hixson, Chief Assistant Solicitor General, and Kristen A. Roch, Assistant Solicitor General, Canton, for appellant.
    for defendant: Richard T. Ryczek Jr., Lawrenceville, for appellee.
    Case Number: A10A0772

    The arresting officer did not reasonably accommodate the defendant's request to be independently tested by qualified personnel of his choosing, because the officer unilaterally chose the location fo

  • Scanlan v. Tate Supply Co. Inc.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher J. McFadden, Decatur, for appellant.
    for defendant: Richard M. Howe Howe & Assocs., Alpharetta, for appellee.
    Case Number: A10A0432

    The trial court erred in granting summary judgment to the creditor in an action to collect a past due amount, because genuine issues of material fact rem

  • In the Interest of IB

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joseph W. Jones Jr. Public Defender's Office, Newnan, for appellant.
    for defendant: Brian W. Pettersson Palmer & Pettersson Esq., Newnan, for appellee.
    Case Number: A10A0635

    The minor slashed and stabbed one of his classmates with an in

  • Dobbs v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and David P. Taylor, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A10A0494

    The trial court erred in sentencing defendant as a recidivist, because the state did not introduce any evidence that he had previously pled guilty or been convicted of any

  • Lewis v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Shelly D. Faulk, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0204

    The evidence was sufficient to convict defendant for theft of a controlled substance, because one victim testified that defendant took bottles containing oxycodone from the pha

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Goodrich v. Goodrich

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Marilyn E. Goodrich, Smyrna, proceeded pro se. Hubert C. Lovein Jr. Jones Cork & Miller LLP, Macon, for appellee.
    for defendant:
    Case Number: A10A0255

    Under O.C.G.A. § 15-6-8, cases involving the grant of letters of administration require an impaneled

  • Harwood v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Phillip A. Harwood, Abbeville, proceeded pro se. Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    for defendant:
    Case Number: A10A0031

    The trial court did not abuse its discretion in denying defendant's motion for an out-of-time appeal, because the record did not show that defendant's trial counsel coerced him into pleading guilty

  • Burke v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, John A. Fitzner III, Assistant District Attorney, and Mary K. McKinnon, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A10A0319

    The trial court did not err in denying defendant's motion to suppress a gun and clothing recovered from a warrantless search of his home, because defendant's wife consented to the search and several

  • Clausell v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas S. Robinson III Robinson & Assocs., Snellville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Atlanta, for appellee.
    Case Number: A10A0663

    The trial court was not required to give a sua sponte charge on coercion, because no evidence showed that a co-defendant coerced defendant into committing the c

  • Pickard v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher A. Townley, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Jennifer A. Morris District Attorney's Office, LaFayette, for appellee.
    Case Number: A10A0443

    Trial counsel was not deficient for failing to call alibi witnesses, whose testimony would not have been inconsistent with one victim's testimony that the defendant was "in and out" of his home on t