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  • Paige v. State

    Publication Date: 2006-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1765

    The defendant's due process rights were not implicated when a private citizen showed the victim a photograph of the defendant prior to a police line-up where she identified him as her att

  • Thomas County Bd. of Tax Assessors v. Thomasville Garden Ctr. Inc.

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ronald B. Warren Whitehurst, Cohen & Blackburn, Thomasville, for appellant.
    for defendant: Raleigh W. Rollins Alexander & Vann LLP, Thomasville, for appellee.
    Case Number: A05A1870

    Collateral estoppel barred relitigation of whether a garden club's real property was entitled to tax-exempt status, since the law and the facts regarding the property and its use have remained uncha

  • Martines v. Worley & Sons Constr.

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kenneth A. Smith Smith, Wallis & Scott, Carrollton, for appellant.
    for defendant: Michael A. Kessler, Cumming, for appellee. Other party representation: Lee Southwell State Bd. Workers Compensation, Atlanta.
    Case Number: A05A1985

    An injured worker's refusal to accept a suitable job based on a legal inability to perform the job resulting from the worker's voluntary conduct, rather than a lack of skill or physical capacity, is

  • Goodall v. State

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: George H. Weldon, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Cindy L. Spindler District Attorney's Office, Fayetteville, for appellee.
    Case Number: A05A2350

    A conviction for aggravated assault with intent to rape does not require the defendant to penetrate or attempt to penetrate the victim with his

  • Paige v. State

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1765

    The defendant's due process rights were not implicated when a private citizen showed the victim a photograph of the defendant prior to a police line-up where she identified him as her att

  • Cohen v. Allstate Ins. Co.

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert A. Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Melynee Leftridge Sharon W. Ware & Assocs., Atlanta, for appellee. Other party representation: Charis L. Johnson Law Office of Allen & Assoc., Atlanta.
    Case Number: A05A1986

    A nominal judgment against the defendant in an injury suit was a condition precedent to the plaintiffs' ability to recover against their UM ca

  • Revere v. State

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A05A2018

    The defendant violated a no-contact order when he went to the victim's home without her consent, started banging on her door, demanded that she let him in and failed to promptly comply with her requ

  • Salmons v. State

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larry W. Russell, Nashville, for appellant.
    for defendant: Catherine H. Helms, District Attorney, and Benjamin T. Edwards, Assistant District Attorney, Nashville, for appellee.
    Case Number: A05A2324

    The trial court properly denied the defendant's untimely and meritless motions to reconsider his sentence on his negotiated guilty plea to theft by t

  • Brown v. State

    Publication Date: 2006-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A05A2306

    The trial court erred in charging the jury that they could consider the level of certainty of a witness's identification in evaluating her reliab

  • Wallace v. State

    Publication Date: 2006-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1998

    The trial court was not required to give the defendant's requested charge on bare suspicion where the trial court fully and completely charged on reasonable doubt and presumption of inno