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  • Schlau v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Alexander J. Markowich, Assistant District Attorney, Waycross, for appellee.
    Case Number: A06A1717

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty plea to the statutory rape of his dau

  • Kirkland v. State

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James K. Kidd Public Defender's Office, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A06A1244

    The victim was in reasonable apprehension of immediately receiving violent injury, when he was dragged along by the defendant's car as defendant attempted to flee site of arranged dru

  • Goldstein v. State

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Donald F. Samuel Garland, Samuel & Loeb PC, Brian Steel The Steel Firm PC, Atlanta, and Douglas N. Peters Peters, Townsend, Wilson & Roberts PA, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1280

    The child molestation defendant's trial counsel was ineffective in failing to present testimony regarding false allegations of child molestation made by the victim's mother in the

  • Edwards v. State

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leanne K. Shipley Public Defendant's Office, George H. Law III and H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Dawsonville, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A06A2491

    The trial court did not err in refusing to go forward with the hearing on the defendant's motion to suppress, because she did not appear at the hearing and her counsel did not have authority to waiv

  • In Re: Estate of Larry James Avery Sr.

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shane M. Geeter, Milledgeville, for appellant.
    for defendant: Bradley G. Pyles Westmoreland, Patterson & Moseley, Macon, for appellee.
    Case Number: A06A1836

    The caveator failed to make use of multiple o nities to raise his arguments to contest the amount awarded to the decedent's widow as a year's su

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Moody v. Gilliam

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Clarence R. Johnson, Atlanta, for appellant.
    for defendant: Dale K. Scott, Atlanta, for appellee.
    Case Number: A06A2000

    The plaintiff failed to exercise the greatest possible due diligence in serving the defendant outside the statute of limitation after she became aware of a problem with se

  • Pierce v. State

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A2097

    Evidence of the victim's prior arrest for marijuana solicitation was irrelevant and inadmissible, since she did not open the door to her character when she test

  • Register v. State

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wade H. Crumbley Crumbley & Crumbley and Dale T. Preiser, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant, Assistant District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A06A2132

    The arresting officer's search of the car in which the defendant was riding was illegal, because he based the search on invalid arrest war

  • Carey v. State

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel J. Cahill, Danielsville, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Carnesville, for appellee.
    Case Number: A06A1754

    The defendant took a substantial step toward molesting his daughter's cousin when he solicited her interest in photographs of naked women and raised the subject of masturbation wit

  • Progressive Plumbing Inc. v. ABCO Builders Inc.

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael L. Solis and John C. McManus McManus & Graham, Atlanta, for appellant.
    for defendant: Bryan M. Cavan Miller & Martin and Jeffrey L. Evans Law Office of Jeffrey L. Evans LLC, Atlanta, for appellee.
    Case Number: A06A1328

    The superior court lacked authority to vacate an award on the ground that the arbitrators manifestly disregarded the law in the absence of a transcript of the arbitration he