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  • In the Interest of D. M.

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kimberly A. Gross, Assistant Public Defender, Griffin, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Thomaston, Christy R. Jindra and Robert W. Smith Jr., Assistant District Attorneys, Fayetteville, for appellee.
    Case Number: A10A2207

    Evidence that the juvenile shot another juvenile in the neck, paralyzing him, supported his delinquency adjudication for aggravated as

  • Gioia v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John W. Strickland Jr., Lakeland, for appellant.
    for defendant: Catherine H. Helms, District Attorney, Nashville, for appellee.
    Case Number: A10A2249

    The trial court improperly sentenced the defendant to serve 25 years to life on his aggravated child molestation conviction for crimes committed against his 10-year-old and 8-year-old stepdaug

  • Abercrombie v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey L. Floyd, Ellijay, for appellant.
    for defendant: Joe W. Hendricks Jr., District Attorney, Jasper, and Clifford A. Sticher, Assistant District Attorney, Blue Ridge, for appellee.
    Case Number: A10A2280

    Any error in the trial court's jury instruction on rape, which may have created an impermissible mandatory presumption as to the force element, was harmless, in light of the otherwise overwhelming e

  • Ansley v. Ansley

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Ronald C. Berry, Savannah, for appellant.
    for defendant: . Alan S. Lowe and Ellen Schoolar Alan S. Lowe & Assocs., Savannah, for appellee.
    Case Number: A10A2264

    A 2008 Shareholders Agreement did not supersede an alleged obligation to devise under an oral agreement because the oral agreement was an independent contract not inconsistent with the written contr

  • Owen v. Watts

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christine Owen, Blairsville, proceeded pro se. Merlinus G. Monroe, Gainesville, for appellee.
    for defendant:
    Case Number: A10A2241

    The defendant's conduct in falsely reporting hazardous conditions affecting minor children in the plaintiff's home was not protected under O.C.G.A. § 19-

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Cruickshank v. Fremont Investment & Loan

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth Cruickshank, Powder Springs, proceeded pro se. Frank R. Olson McCurdy & Candler LLC, Decatur, and Kelly L. Atkinson Troutman Sanders LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2178

    The record showed that the first defendant served the plaintiff with its response within the 30-day period as O.C.G.A. § 1-3-1 d 3 req

  • Carroll v. Carroll

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Edward Meeks Jr., Leesburg, for appellant.
    for defendant: Joshua C. Bell Kirbo, Kendrick & Bell LLC, Bainbridge, for appellee.
    Case Number: A10A2332

    In a custody modification case, the trial court did not err by reading a case file containing an affidavit not admitted into evidence, since appellant failed to show that the trial court considered

  • Laster v. State

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Jeffrey M. Gore District Attorney's Office, Douglasville, for appellee.
    Case Number: A10A2305

    The Court of Appeals affirmed appellant's drug-related convictions, as OCGA § 17-8-58, as amended in 2007, precluded appellant from raising objection to jury for the first time on appeal, and

  • City of Carrollton v. The Info. Age, Inc.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles S. Conerly, Carrollton, for appellant.
    for defendant: Gary P. Bunch, Carrolton, for appellee.
    Case Number: A10A2118

    The city of Carrolton violated the Georgia Open Records Act by refusing to provide access to records relating to all non-health related insurance claims filed by and against city since October 1,

  • Jacobson v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & McFarland PC, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Amy K. Radley and Donna S. Gopaul Solicitor's Office, Cumming, for appellee.
    Case Number: A10A2041

    Intoxilyzer 5000 maintenance logs are not even relevant enough to be discoverable pursuant to O.C.G.A. § 40-6-39