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  • In the Interest of V. A. D.

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joshua J. Smith, Dalton, for appellant.
    for defendant: Bruce A. Kling, Dalton, Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Kathryn A. Fox Attorney General's Office, Atlanta, for appellee.
    Case Number: A10A0485

    The child was diagnosed with severe bipolar disorder with psychotic features and the mother was unable to control her or obtain residential treatment fo

  • Lawrence v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0603

    An error in admission of the defendant's previous convictions, without a ruling as to whether the probative value of the evidence substantially outweighed the prejudicial effect, was harmless in lig

  • Pollman v. Swan

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Tony Carter, Savannah, for Pollman. William A. Trotter III, Augusta, Patrick T. O'Connor and Benjamin M. Perkins Oliver Maner LLP, Savannah, for Swan.
    for defendant:
    Case Number: A10A0547, A10A0548

    The plaintiffs' RICO claim based on theft by deception failed because the defendants did not retain the property in que

  • Higgins v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A10A0206

    There was a reasonable probability that the trial's outcome would have differed, but for defense counsel's deficient performance, as some evidence showed that the encounter leading to the rape and a

  • Jenkins v. Pierce

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Annie R. Simmons Simmons & Simmons, Atlanta, for appellant.
    for defendant: Roger F. Krause Krause, Golomb & Witcher LLC, Atlanta, for appellees.
    Case Number: A10A0091

    A material issue of fact remained as to whether the parties had an attorney-client relationship when they signed certain loan documents, which would exempt the plaintiff from the rule that, ' "a par

  • Law Journal Press | Digital Book

    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Eilers v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward P. Dettmar Georgia Public Defenders Standard Council, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Rosemary M. Greene, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0416

    The state failed to prove that the defendant violated O.C.G.A. § 42-1-12, because he was pl n probation on June 27, 1995 and the sex offender registration requirements apply only to offenders p

  • Williams v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David P. Smith, Smyrna, for appellant.
    for defendant: Patrick H. Head, District Attorney, Eleanor A. Odom, Assistant District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A10A0035

    When a victim is repeatedly molested and raped over a period of years, despite protests and resistance, and her earlier outcry was unsuccessful, the jury is ' "authorized to find that, from the vict

  • Odom v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Davis Cohen, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A10A0753

    Defense counsel was not deficient for failing to object to the prosecutor's opening and closing statements that only the testifying officer and the defendant knew the facts of the case, since it was

  • Crosbie v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edgar A. Callaway Jr., Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, and Robert A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    Case Number: A10A0696

    The trial court properly denied defendant's untimely motion to r

  • Santum Waheguru Corp. d/b/a Foothills Chevron v. The Buckhead Community Bank

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John G. Mansour Ayoub & Mansour LLC, Atlanta, for appellant.
    for defendant: . Lynn L. Carroll Siegel & Golder PC, Atlanta, for appellee.
    Case Number: A10A0395

    The trial court properly granted a default judgment to the plaintiff in its suit on a promissory note, since the defendants' answer was not timely filed within O.C.G.A. § 9-11-12's 30-day time