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  • Hunt v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A2155

    The state failed to meet its burden of proving that police officers reasonably concluded that the individual who opened defendant's front door and consented to the officers' entry, but did not own t

  • Abbott Oil Co. Inc. v. Rogers

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David B. Bell and Sharon B. Enoch Bell & Bell Assocs., Augusta, for appellant.
    for defendant: Emory F. Sanders Sr., Ziva P. Bruckner Capers, Dunbar, Sanders & Bruckner and John B. Long Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellees.
    Case Number: A09A1890

    A factual issue remained regarding the defendants' liability under the Uniform Fraudulent Transfer

  • Eppinger v. Bank of Am. N.A.

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Don E. Snow, Thomaston, for appellant.
    for defendant: Dennis E. Henry Frederick J. Hanna & Assocs., Marietta, for appellee.
    Case Number: A09A2054

    The notice letter that the bank attached to its motion for summary judgment did not comply with O.C.G.A. § 10-1

  • Dix v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Holly L. Varner and Sara A. Thompson, Assistant District Attorneys, Canton, for appellee.
    Case Number: A09A2184

    The trial court did not abuse its discretion in finding other witnesses' testimony more credible than the defendant's, after the defendant argued t would not have pled guilty if he had known

  • Cabrera v. State

    Publication Date: 2010-02-26
    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

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  • Hughes v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A09A1925

    The prosecutor's comments that somebody that's been in the courtroom this week is a liar, a reference to witnesses with conflicting testimony, and somebody that's in the courtroom this week is a mon

  • Dennis v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant. Penny A. Penn, District Attorney, Cumming, for appellee.
    for defendant:
    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

  • Laosebikan v. Lakemont Community Ass'n

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ajibola and Emma Laosebikan, Fayetteville, proceeded pro se. William A. Dinges Temple, Strickland & Dinges, Decatur, for appellee.
    for defendant:
    Case Number: A09A2408

    Res judicata barred the plaintiffs' claims regarding the merits of a prior state court judgment, which they did not

  • Belcher v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jennifer F. Arndt, Assistant Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A09A1775

    The trial court did not err in failing to suppress the defendant's statement to police, because he officer never promised the defendant a lighter sentence and his question asking if the defendant wo

  • MCG Health Inc. v. Whitfield

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James S. V. Weston Hull Towill Norman Barrett & Salley PC, Augusta, for appellant.
    for defendant: John M. Brown, Augusta, Thurbert E. Baker, Attorney General, and Kimberly B. Lewis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A09A2076

    Some evidence supported the DOL's denial of unemployment ben