• Washington v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rachelle D. Hunter, Assistant Public Defender, Columbus, for appellant. Julia A. Slater, District Attorney, Columbus, for appellee.
    for defendant:

    Case Number: A11A0999

    In light of the jury's acquittal of the defendant on two of three child molestation counts, he failed to demonstrate that there was a reasonable probability that his trial's outcome would have diffe

  • Hong Investments LLC v. Sarsfield

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Emory A. Schwall, Atlanta, for appellant. Michael P. Sarsfield, Buford, proceeded pro se.
    for defendant:

    Case Number: A11A1460

    Because the subject lease and guaranty were contemporaneous writings made within the course of the same transaction, the statute of frauds was sati

  • Ford v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joe N. Ford, Jackson, proceeded pro se. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:

    Case Number: A11A1391

    The defendant had a right to counsel in a proceeding to withdraw his guilty

  • Delavega v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant. James B. Smith, District Attorney, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    for defendant:

    Case Number: A11A1066

    When arrested, the defendant was driving a car with a modified gas tank that included a hidden compartment containing nearly a kilo of cocaine and $130K in

  • Durrah v. State Farm Fire and Casualty

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas G. Tidwell The Tidwell Law Firm, Atlanta, for appellant. Michael S. Broun II Cowsert & Avery, Athens, for appellee.
    for defendant:

    Case Number: A11A0854

    The trial court properly dismissed the plaintiff's renewal action for injuries she allegedly sustained in a car accident against the UM carrier, since no judgment could be obtained against the unins

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  • Gaither v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jennifer A. Treishmann, Atlanta, for appellant. Robert D. James Jr., District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    for defendant:

    Case Number: A11A0878; A11A1435

    Evidence that the two child victims were standing in a small group of people when the defendants and others approached with multiple firearms, and the children cried and screamed when the gunmen fir

  • Brasile v. Beck

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Craig A. Call Scheer & Montgomery PC, Savannah, for appellant. Wallace Miller III Miller, Cowart & Howe LLP, Macon, for appellees.
    for defendant:

    Case Number: A11A1044

    The trial court properly dismissed the plaintiff's renewal action, since her initial injury action was void due to her failure to personally serve the defen

  • Scott v. Scott

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James S. Altman, Atlanta, for appellants. Larry A. Ballew, Cumming, for appellee.
    for defendant:

    Case Number: A11A1206

    The trial court erred in concluding that the plaintiffs' petition seeking custody of their two minor granddaughters failed to a state a claim, as it gave fair notice that the plaintiffs sought custo

  • Jones v. Forest Lake Village Homeowners Ass'n Inc.

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David G. Kopp, Greensboro, for appellant. Francis N. Ford Adams & Ford LLP, Eatonton, for appellees.
    for defendant:

    Case Number: A11A1399

    The Court affirmed the judgment on remand from Jones v. Forest Lake Village Homeowners Assn., 304 Ga. App. 495 2010, in accordance with Court of Appeals Ru

  • Varriano v. State

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Charles P. Efstration III District Attorney's Office, Lawrenceville, for appellee.
    for defendant:

    Case Number: A11A0944

    The driver's general consent to search the entire vehicle in which the defendant was a passenger extended to closed containers or bags within the passenger compar