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  • Milner v. State

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0556

    The trial court erred in charging the jury that it could convict the defendant for making terroristic threats in a manner not alleged in the indic

  • Wofford v. State

    Publication Date: 2009-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Randall S. Rolader, James D. Sexton and Giles D. Sexton Sexton & Sexton, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Kimberly A. Gallant, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A0731

    The defendant's speedy trial rights were not violated despite the presumption of prejudice of the 32 months between the defendant's arrest and the filing of his motion for disc

  • Tatum v. State

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jose' E. Guzman, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Elisha W. Jernigan Jr., Assistant District Attorney, Columbus, for appellee.
    Case Number: A09A0010

    The trial court properly admitted evidence of the defen conviction for a 1992 aggravated assault, which occurred less than two blocks from where the present incident occurred, to show the defe

  • Hinton v. State

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and John B. Cunningham District Attorney's Office, LaGrange, for appellee.
    Case Number: A09A0273

    The defendant led an officer on a high-speed chase, then fled on foot, carrying a black backpack, which he abandoned and in which officers found cocaine and a p

  • Young v. Georgia Dept. of Nat. Resources

    Publication Date: 2009-05-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: W. Carl Reynolds and Bradley J. Survant Reynolds & McArthur, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Jennifer L. Dalton, Assistant Attorney General, and James A. Kitces Attorney General's Office, Atlanta, for appellee. Other party representation: Duke R. Groover, Stephen L. Dillard, David A. Pope James, Bates, Pope & Spivey LLP, William H. Noland Groover & Childs, Macon, William H. Major III, Nathan T. Lee, Peter R. York Hawkins & Parnell, Atlanta, William R. Jerles Jr. Daniel, Lawson, Tuggle & Jerles LLP, and Charles W. Byrd Walker, Hulbert, Gray, Byrd & Christy, Perry.
    Case Number: A08A2041

    Prior to dismissing the suit for failure to comply with the anti-litem notice statute, the trial court must determine whether the plaintiffs adequately investigat ir claim when their notice na

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Troutman v. Troutman

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Natalie M. Christensen, David J. Marmins and Lucy W. Ranking Balch & Bingham LLP, Atlanta, for appellant.
    for defendant: William D. NeSmith III Barnes, NeSmith & Eidson, Americus, for appellees.
    Case Number: A08A2138

    The facts did not support the imposition of a constructive trust on 461 acres of real property in Wilcox county, of which the plaintiff conveyed his 1/2 interest to his son in order to receive socia

  • The Coca-Cola Co. v. Parker

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher R. Reeves The Finley Firm PC, and Molly J. Prodgers Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . Maurice J. Bernard III, Chamblee, for appellee.
    Case Number: A08A1748

    The exclusive remedy doctrine of the Workers' Compensation Act barred the former employee's claim for intentional infliction of emotional distress, which was ancillary to a physical occurrence arisi

  • Ray v. Georgia Dep't of Nat'l Resources

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brad C. Kaplan and James I. Seifter, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, G. Michael Banick, Assistant Attorney General, Atlanta, M. Steven Heath and Matthew A. Moseley Blasingame, Burch, Garrard & Bryant, Athens, for appellees.
    Case Number: A08A1975

    The defendants were immune from liability under the Recreation Property Act-O.C.G.A. § 51-3-20 et seq.-for the accidental drowning of the plaintiff's 8-year-old son and 5-year-old foster son at Tall

  • Johnson v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel B. Kane, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A2214

    Trial court did not err in giving the dictionary definition of detain in response to the jury's request for an explaination of the term. The Court also held that any error in the trial court's inst

  • Hayes v. EMC Mortgage Corp.

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Morgan M. Robertson Robertson, Bodoh & Nasrallah LLP, Marietta, for appellant.
    for defendant: Edward D. Burch Jr. and Colin R. Delaney Smith, Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A08A2317

    The defendant stepped into the shoes of the senior creditor as to the priority of the senior creditor's lien when defendant's predecessor-in-interest paid off the senior creditor's lien on certain r