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  • Callahan v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A02A0388

    The trial court properly excluded testimony from the defendant's sister-in-law about the victim's past sexual behavior pursuant to O.C.G.A. § 24-

  • Ferrell v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Gregory M. McConnell, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0418

    The trial court properly admitted evidence that defendant made calls to telephone sex lines in the presence of chi

  • Jones v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A02A0095

    The trial court's error in admitting the defendant's comment to the arresting officer about a knife and in admitting the knife itself into evidence, given the overwhelming evidence of defendant's

  • Ellerbee v. State

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brace W. Luquire and William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Melvin E. Hyde Jr., Assistant District Attorney, and Robert B. Bickerstaff II District Attorney's Office, Columbus, for appellee.
    Case Number: A02A0355

    Defendant's conviction for theft by deception could not stand because there was no evidence to show that he used deceitful means or artful practice to intentionally defraud a vehicle supplier of its

  • Campbell v. Beak

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John W. Gibson Gibson, Deal, Fletcher & Prebula PC, Norcross, for appellant.
    for defendant: . Steven C. Rosen, Atlanta, for appellee.
    Case Number: A02A0825

    The jury's return of a defense verdict on plaintiff's fraud claim was not inconsistent with its verdict for plaintiff on his FBPA claim since that claim did not require proof of scienter or intent t

  • Davis v. State of Ga.

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Alfred Johnson, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, William M. Clark and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0415

    A controlled buy which resulted in defendant's arrest for cocaine trafficking supported issuance of a warrant to search his apartment and veh

  • Whitaker v. State

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor, and Jody L. Peskin, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A02A0447

    Defendant's own testimony supported the court's finding on remand that he knowingly and voluntarily waived his right to a jury

  • Drew v. State

    Publication Date: 2002-06-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel L. Henderson, Temple, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney, Andrew J. Saliba and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0744

    The defendant's violent behavior towards the victim on the night of the incident corroborated the officer's testimony that he heard the defendant threaten to kill the victim if she swore out a warra

  • State v. Calhoun

    Publication Date: 2002-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Jeffrey P. Kwiatkowski and Gary S. Vey, Assistant Solicitors, Lawrenceville, for appellant.
    for defendant: Glyndon C. Pruitt, Buford, for appellee.
    Case Number: A02A0823

    The officer's legitimate concern for public safety after he saw the DUI defendant make an erratic left turn justified a limited

  • White v. State

    Publication Date: 2002-05-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Timothy J. Crouch, Rome, for appellant.
    for defendant: Fred R. Simpson, Acting District Attorney, Rome, for appellee.
    Case Number: A02A0064

    Any error in admitting the defendant's brief and ambiguous statement that he should not have been driving was harmless in light of his acquittal fo