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  • Burk v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leonard L. Franco Furlong & Franco, Atlanta, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Kimberly M. Minicozzi, Assistant Solicitor General, Lawrenceville, for appellee.
    Case Number: A07A0114

    Exigent circumstances existed, which justified officers' warrantless entry into the defendant's home, since officers could reasonably believe that multiple, underage individuals were consuming alcoh

  • Rocha v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David Burroughs, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Dawsonville, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A07A0310

    A reliable informant's tip that he personally saw methamphetamine at the defendant's apartment was sufficient to establish probable cause for issuance of the search wa

  • Boileau v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    Case Number: A07A0385

    Evidence that the defendant entered his family's camper after they stopped for gas in Perry, Georgia, which is in Houston county, and that he soon thereafter performed sex acts against the 10-year-o

  • Mann v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas H. Hyman Public Defender's Office, Eastman, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A07A0212

    The state failed to show that the Roche "On Track TesTstik" test-a urine test for the presence of drugs-had reached a scientific state of verifiable certainty, which would allow its admission in the

  • In the Interest of Am. T.

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for the mother. Robert M. Bearden Jr., Macon, for the father. Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Jason S. Naunas, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee.
    for defendant:
    Case Number: A07A0235, A07A0236

    Evidence that neither parent complied with their case plan goals, including following psychologist's recommendations, obtaining child care, attending random drug screens or addressing their mental h

  • Crosby v. Comcast Corp.

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Harold J. Cronk, Savannah, for Crosby. Ryburn C. Ratterree Ellis, Painter, Ratterree & Adams, Savannah, for Comcast Corp. David R. Smith Branan, Searcey & Smith, for Cline.
    for defendant:
    Case Number: A07A0049; A07A0050

    A plaintiff cannot recover for ordinary or gross negligence in the absence of physical injury under Georgia's impact

  • Fluellen v. State

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patricia M. Moon, James S. Purvis and Thomas O. Humphries Jr. Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    Case Number: A06A1651

    The defendant's statement to the victim that, ' "I have a gun," ' before snatching delivery food from him, was direct evidence of the presence of a gun and supported the defendant's conviction for a

  • Snyder v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brendan N. Fleming, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Jason R. Troiano, Assistant District Attorney, Augusta, for appellee.
    Case Number: A06A2225

    The defendant was deemed to have consented to his blood test, because the investigating officer had probable cause to believe that the defendant was DUI and the traffic accident in question resulted

  • In the Interest of S. Y.

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Josephine B. Jones, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson Attorney General's Office, Atlanta, and Andrew S. Foster, Macon, for appellee.
    Case Number: A07A0271

    One child suffered from unexplained abuse, another child was molested while the mother was asleep and the mother left her children with an aunt after agreeing that the aunt was unsuitable to supervi

  • Purvis v. Steve

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul M. Scott and Terry L. Readdick Brown, Readdick, Bumgartner & Carter, Brunswick, for appellant.
    for defendant: . Sherry S. Harrell, Valdosta, for appellee.
    Case Number: A06A2393

    The sole proximate cause of the accident in which a deputy collided with a deer, whose severed head struck the decedent through the windshield of her oncoming vehicle, was the deer's sudden, unfore