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  • Moreland v. State

    Publication Date: 2003-10-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Jesse D. Evans, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A1507

    The trial court did not err in refusing to excuse a potential juror who expressed doubts about his impartiality since the juror stated that he could be fair and impartial after the trial court quest

  • Allen v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Fanning Fanning & Hudson, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A03A1142

    Defendant forfeited his right to open and close arguments when his counsel read the victim's handwritten during cross-examination of the detective who found a Mother's Day card containing the

  • Kier v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Bradley M. Hannan Smith, Hannan & Parker PC, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A03A1022

    The court should have removed for cause a juror who worked as a corrections officer in the jail where defendant was housed prior to

  • Lunsford v. DeKalb Med. Ctr. Inc.

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert P. Hoyt Rubin & Hoyt, Cumming, for appellant.
    for defendant: Ashley D. Phillips Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    Case Number: A03A1257

    The plaintiff's notice of appeal did not serve as a supersedeas under O.C.G.A. § 5-6-46 a where the trial court ruled that she failed to pay all

  • Davis v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Andre Sailers St., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1322

    Any error in the t ourt's failure to grant a mistrial after a witness thrice mentioned excluded evidence of prior and subsequent break-ins was harmless, given the overwhelming evidence and the

  • Saye v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Barry W. Bishop, Canton, and Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Canton, for appellee.
    Case Number: A03A1171

    Regardless of whether plea counsel used the word "Alford" in explaining defendant's plea, the record showed that defendant knew he was pleading guilty based on the strength of the state's case agains

  • Simmons v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Noah H. Pines, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Jennifer M. Daniels, Decatur, for appellee.
    Case Number: A03A0902

    O.C.G.A. § 16-1-7 b did not apply to defendant's prosecution on a habitual violator accusation because there was no evidence that any prosecutor had knowledge of both defendant's traffic offense and

  • Beck v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Carla J. Friend, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A03A1254

    Defense counsel was not deficient for failing to advise defendant's wife about her spousal privilege, which was inapplicable in a criminal case in which her husband was charged with a crime involvin

  • Gantt v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, and Wystan B. Getz, Decatur, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, and Gary S. Vey. Assistant Solicitor, Lawrenceville, for appellee.
    Case Number: A03A0847

    The accusation charging the defendant with DUI-less safe driver was sufficient to withstand her special demurrer, even though it failed to name the specific drug inv

  • Shaw Indus. v. Shaw

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark D. Newberry Kinney, Kemp, Pickell, Sponcler & Joiner, Dalton, for appellant.
    for defendant: Thomas M. Finn Finn & Hurt, Dalton, for appellee.
    Case Number: A03A0574

    The permissive language of Board Rule 262 a allows consideration of additional methods for calculating the wage an employee is able to earn after an i