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John Dennis Duncan
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John Duncan’s Legal Cases

11 total


  • State of Georgia v. King

    Practice Area:
    Criminal Defense
    Date:
    Dec 15, 2009
    Outcome:
    Not Guilty
    Description:
    Bench trial in Coweta State Court; my client was charged with "no insurance." After researching the applicable law, I found that a material element of the crime is one commonly overlooked or assumed at trial. When brought to the attention of the judge, she rendered a verdict of not guilty.
  • Duncan v. Lamee

    Practice Area:
    Family
    Date:
    Jun 09, 2010
    Outcome:
    Defendant found to be in contempt.
    Description:
    Ms. Duncan (no relation) came to me with a two year old divorce decree whereby she and her ex-husband were to sell their lake property in Harris County, GA. The problem with the original decree was that only one specific real estate agent was named as the party that must list the home. Once the ex-husband annoyed the listing agent to the point she refused to re-list the house at the end of the contract, the ex tried to sell it himself. Needless to say, my client was distraught and did not know where to turn. We took the defendant to court for contempt, arguing that his repeated refusal to re-list the house and his interference with the first listing agent warrants finding of contempt. The judge agreed with us, also finding that the large car lift the defendant was housing in the lake house must be removed within days. Now my client has a real estate agent listing the house, thanks to the judge's order, and can rest easy knowing that all is being done to sell the house and finally sever ties with her former spouse.
  • State v. Panter

    Practice Area:
    Criminal Defense
    Date:
    Oct 11, 2010
    Outcome:
    Dismissed
    Description:
    My client was in a car wreck with another vehicle at the entrance/exit of a gas station. The officer gave my client a citation for making an improper left hand turn. His reasoning for giving her the ticket and not the other driver was simply that my girl was turning left. Although the ticket was not much, with little property damage and no injuries, my client stood tall that she was not guilty of any crime. Once I researched the statute, I found that the very statute my client was charged had been deemed unconstitutional! Had I just tried to get along with prosecution, or assumed the law was valid, my girl would be enjoying four points on her license and a loss at civil trial. Instead, her criminal case was dismissed and the civil trial was smooth as silk.
  • Cody v. Vandeburg

    Practice Area:
    Car Accidents
    Date:
    Feb 17, 2011
    Outcome:
    Plaintiff Verdict: $11,602.00
    Description:
    I represented the Plaintiff in a case involving an auto accident with his car (another person was driving it). Insurance refused to pay 100% of the property damage because they found a witness whose position was that the driver of my client's vehicle was speeding. On cross of the Defendant, I extracted that the Defendant pulled in front of my client when not looking toward oncoming traffic. Insurance's best witness, it was further extracted, said that the "speeder" had passed him 100 yards before the crash. All this testimony gave the judge ample evidence to find that, as the officer had testified, the Defendant pulled in front of my client's vehicle and caused the wreck.
  • Hill v. Scott

    Practice Area:
    Criminal Defense
    Date:
    Apr 22, 2011
    Outcome:
    Stalking Protective Order Denied
    Description:
    Mr. Scott was going through a divorce from his wife, who was spending considerable time at her friend's house. Mr. Scott did, on a few occasions, appear at friend's house, Ms. Hill, to talk to his wife about their relationship and where things were heading with their children. Ms. Hill decided to take out a stalking protective order against Mr. Scott for coming to her house. I successfully argued to the judge that stalking orders are appropriate when the individual is attempting to harass or intimidate that person, and this case clearly was not such. Ms. Hill was caught in the middle of a divorce, surely, but the judge found this was not enough to issue a twelve-month protective order and the case was dismissed.
  • Loren v. Rushton

    Practice Area:
    Criminal Defense
    Date:
    Jun 03, 2011
    Outcome:
    Protective Order Denied
    Description:
    Ms. Loren filed a petition for stalking protective order against Ms. Rushton, whom I represented. Ms. Loren was the current fiance' to my client's ex-husband, and there were minor children of that marriage. Ms. Loren tried to convince the court that emails sent from my client warning her that the ex-husband may not be a great guy were enough to permit a stalking order. The judge disagreed, and found the petition itself was not sufficient because the communication was non-threatening and dismissed the case.
  • 14 Year Old Election

    Practice Area:
    Family
    Date:
    Jul 25, 2011
    Outcome:
    Custody Change Granted
    Description:
    I was representing a client located near me that needed help changing custody of her 15 year old son so that he could live with her, as was his choice. We had to file suit in a county that I had not worked before due to Dad's residence with the child, and I found out later the judge is known to be "pro-Father." Even with the child's election to live with Mom, we had a hearing of nearly three hours to discuss whether the change was in his best interests. My client was awarded custody, but I believe this was due mainly to the child's insistence that he move in with Mom.
  • State v. Doe

    Practice Area:
    Criminal Defense
    Date:
    Oct 25, 2012
    Outcome:
    Case Dismissed
    Description:
    My client was charged with furnishing alcohol to minors at a party of which he was an attendee. He was taken to the location by two of his friends, and did not know who lived there. When he arrived, there was alcohol on the property, and when the party was busted by the police, all over 21 were charged with furnishing alcohol to the minors. I was able to highlight to the prosecuting attorney that there was no evidence to suggest my client even knew the other attendees, let alone brought any of the alcohol to the party. My persuasion was effective, and the solicitor dismissed his case against my client.
  • State v. Lay

    Practice Area:
    Criminal Defense
    Date:
    Oct 08, 2012
    Outcome:
    Case Dismissed
    Description:
    My client was involved in a car wreck that occurred at the intersection of a busy road and a neighborhood, when he pulled into traffic and was struck from behind. My client stated that the other car was not in sight when he pulled out, and that he must have been speeding in order to come upon him so quickly. The police officer on the scene ticketed my client anyway with a "failure to yield" citation, choosing not to listen. I was able to persuade the prosecutors, with the help of witness testimony and photographic evidence, to drop the case because the other party had clearly been speeding.
  • Property Damage Judgment for Plaintiff

    Practice Area:
    Car Accidents
    Date:
    Mar 06, 2013
    Outcome:
    Judgment for Plaintiff
    Description:
    This case came to me for property damage only in connection with an auto accident. Thankfully, no one was hurt in the wreck, but the defendant's insurance company refused to settle even though it was clear that their client had failed to yield the right of way to my driver. At trial, the made all sorts of allegations regarding what might have been said or gestures that might have been made, none of which were substantiated. I believe she basically thought she could not have caused this accident because she had a clean record for her 72 years. Fortunately for my client, the judge saw through the story and awarded my client based upon his damages, and we left the courtroom happy.