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  • Foster v. Wilmington Plantation Owners Ass's Inc.

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sarah S. Harper Kight & Harper LLC, Dublin, for appellant.
    for defendant: David M. Small, Savannah, proceeded pro se in A10A0262. Sam P. Inglesby Jr. Inglesby, Falligant, Horne, Courtington & Chisholm, Savannah, for appellee in A10A0374.
    Case Number: A10A0262; A10A0374

    Venue in actions to enforce condominium association liens under the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq. properly lies in the county of the defendant's resi

  • Slaughter v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Fredrick B. Slaughter, Oglethorpe, proceeded pro se. James D. McDade, District Attorney, and James A. Dooley, Assistant District Attorney, Douglasville, for appellee.
    for defendant:
    Case Number: A10A0076

    The state cannot use a defendant's prior felony convictions to convict him of firearms possession by a convicted felon and also use those prior convictions in aggravation of punis

  • Wood v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Sharell F. Lewis, Assistant District Attorney, Macon, for appellee.
    Case Number: A10A0279

    The victim identified the defendant as the person he saw in the back of hi

  • Barnes v. State

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Benjamin A. Pearlman Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Raquel C. Stokes, Assistant District Attorney, Athens, for appellee.
    Case Number: A10A0781

    O.C.G.A. § 42-8-34.1 d provides that, for a probation violation, a court may revoke no more than the lesser of a defendant's balance of probation or the maximum sentence authorized for the felony co

  • Coney v. State

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brandon A. Bullard and Thomas V. Driggers Public Defender's Office, Dallas, for appellant.
    for defendant: Fred A. Lane Jr. and Thomas D. Lyles District Attorney's Office, Dallas, for appellee.
    Case Number: A10A0167

    Collateral estoppel did not prevent the defendant's aggravated stalking conviction, because the earlier probation revocation hearing was not a criminal

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Henderson v. State

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Matthew D. Crosby, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Julie L. Johnson and John A. Warr, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A10A0323

    Trial counsel's failure to present a justification defense was presumably reasonable, because the defendant refused to waive the attorney-client privilege at the motion for a new trial hearing and a

  • McGowan v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Akintunde A. Akinyele Solicitor General's Office, Decatur, for appellee.
    Case Number: A10A0665

    The trial court summarily denied the defendant's speedy trial motion without making findings of fact regarding the required Barker v. Wingo fa

  • Cabrera v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard J. Silver, Assistant Public Defender, Nicki N. Vaughan and Adam S. Levin Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and John G. Wilbanks Jr., Assistant District Attorney, Gainesville, for appellee.
    Case Number: A09A1658

    The defendant constructively possessed methamphetamine found in the back of the car he was dr

  • Dennis v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A09A1895

    The conspirator exception to the hearsay rule was inapplicable in this case, because that exception works to bring in evi against conspirators and not to admit exculpatory evi

  • Forsyth County v. Waterscape Servs. LLC

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Curtis A. Garrett Jr. and Matthew H. Patton Kilpatrick Stockton LLP, Atlanta, for appellant.
    for defendant: George E. Butler II, Dahlonega, for appellee.
    Case Number: A09A1964

    The app s repudiation of the contract by not donating the contracted-for wastewater treatment plant to the county relieved the county of its duty to make a formal tender of payment to app