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  • Kelly v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles W. Wrinkle, Lilburn, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A04A1378

    The named informant's admission to complicity in the defendant's drug dealing established his reliab

  • State v. McMillan

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. David Miller, District Attorney, and James B. Threlkeld, Assistant District Attorney, Valdosta, for appellant.
    for defendant: Terry L. Schwock, Valdosta, for appellee.
    Case Number: A04A1003

    The trial court erred in granting the defendant's motion to suppress drug evidence obtained from his vehicle at a routine license and insurance check road

  • King v. State

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ingrid J. McGaughey Office of the Pub. Defender, and September Guy, Decatur, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, Elisabeth G. MacNamara, Assistant District Attorney, and Rosemary W. Brewer DeKalb County District Attorney's Office, Decatur, for appellee.
    Case Number: A04A1308

    The admission of hearsay evidence from the store manager that ems taken were not paid for was harmless in light of the fact that the defendant admitted that neither he nor anyone else paid for

  • Reynolds v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ronald L. Beckstrom, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Justo C. Cabral III, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A04A1479

    The defendant locked his 11-year-old stepdaughter in his bedroom, would not allow her to leave, forcibly removed her clothing and penetrated her on th

  • Copeland v. State

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Elmore Copeland, Hardwick, proceeded pro se. Robert E. Keller, District Attorney, and Staci L. Guest, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A04A1406

    The state was entitled to use the defendant's prior convictions for armed robbery and aggravated assault in aggravation of his sentence on his forgery convictions, regardless of whether the state us

  • Cochran v. White

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Bryan P. Hilton, Douglasville, for appellant.
    for defendant: Hix H. Green III, Marietta, for appellee.
    Case Number: A04A1306

    An executrix was not entitled to judicial guidance under O.C.G.A. § 9-4-4, because there was no uncertainty with regard to anticipated future action that might jeopardize the e

  • Collins v. State

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kimberly L. Copeland, Jesup, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Leslie K. DeVooght, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A04A1081

    The defendant knowingly and voluntarily waived his right to co when he fired his privately retained co 10 days before trial and refused the trial court's offer to appoint standby co

  • Woodson v. State

    Publication Date: 2004-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Willie Woodson, Oglethorpe, proceeded pro se. Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A04A1360

    The trial court had authority to expressly impose consecutive sentences for each of defendant's five felony convic

  • Baker v. Gwinnett County

    Publication Date: 2004-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher E. Parker and William H. Buechner Jr. Freeman, Mathis & Gray LLP, Atlanta, for Baker. John P. O'Brien and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for Gwinnett County.
    for defendant:
    Case Number: A04A0048; A04A0049

    The county attorney did not abuse her discretion in terminating coverage for the plaintiff's legal representation based on her reasonable belief that the plaintiff intentionally withheld details ab

  • R. W. Holdco Inc. v. Johnson

    Publication Date: 2004-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcia M. Ernst, Edward H. Wasmuth Jr., William Van Hearnburg Jr. and John G. Despriet Smith, Gambrell & Russell, Atlanta, for R. W. Holdco Inc. Alan E. Johnson, Orange, Va., proceeded pro se. Anthony W. Morris McKenna, Long & Aldridge LLP, Atlanta, for Anderson, Davidson & Tate PC. Amelia T. Rudoph, John A. Chandler, Patricia A. Gorham and Joseph A. White Sutherland, Asbill & Brennan LLP, Atlanta, for Moore Stephens Tiller LLC.
    for defendant:
    Case Number: A04A0478; A04A0479; A04A0480; A04A0481

    The defendant attorneys did not breach their fiduciary duty to the plaintiff company because they made the proper disclosures to the officer with apparent authority to authorize the subject transa