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  • Parks v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A06A1477

    A witness's comment on the defendant's right to remain silent did not entitled the defendant to a mistrial, since the comment was part of a narrative on the course of events, the comment was not pr

  • Johnson v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James C. Walker, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A06A0918

    Defense counsel was ineffective for failing to object and move for a mistrial after the state elicited testimony from an officer about an oral admission the defendant allegedly made regarding the ow

  • Granville v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John W. Sherrer Jr., Vienna, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Deshala T. Dixon, Assistant District Attorney, Cordele, for appellee.
    Case Number: A06A1351

    The trial court did not reversibly err in failing to warn efendant about angers of proceeding without counsel, since stand-by counsel provided adequate assistance and the record showed tha

  • Westmoreland v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Samuel H. Sullivan and Michele W. Ogletree Sullivan, Sturdivant & Ogletree PC, Griffin, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Gail M. Travillian, Assistant District Attorney, Zebulon, for appellee.
    Case Number: A06A1159

    Several of the victim's neighbors identified the defendant as the man who broke into her apar

  • Wells v. Rogers

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dale C. Ray Jr. and Eugene P. Chambers Jr. Chambers, Aholt & Rickard LLP, Atlanta, for appellant.
    for defendant: Thomas S. Carlock Carlock, Copeland, Semler & Stair, Atlanta, and Eric J. Frisch Carlock, Copeland, Semler & Stair, Columbus, for appellees.
    Case Number: A06A1531

    The defendants were immune from suit for negligence occurring during their treatment of the decedent for post-operative complications, since their treatment of the decedent as a whole was voluntary

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Armstrong v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Jonathan R. Miller III District Attorney's Office, Brunswick, for appellee.
    Case Number: A06A1201

    The trial court in the defendant's previous trial lacked jurisdiction, since the defendant had not waived in writing his right to indictment by a grand jury at that

  • Cater v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David H. Jones and Martin D. Marshall King & King & Jones PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1441

    The trial court did not err in denying the defendant's motion to suppress the evidence found in his vehicle after he was stopped at a valid road

  • Johnson v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Bradley, Riverdale, for appellant.
    for defendant: Leslie Miller-Terry, Solicitor General, Jonesboro, and Maurice Brown The Brown Law Group, Atlanta, for appellee.
    Case Number: A06A1395

    The trial court did not abuse its discretion in accepting the defendant's waiver of transcription of his bench trial for a misdemeanor of

  • Buce v. Fudge

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lloyd B. Hedrick Jr. Gray, Hedrick & Edenfield LLP, Atlanta, for appellant.
    for defendant: Lawrence J. LoRusso Green, Johnson & Landers LLP, Atlanta, for appellee.
    Case Number: A06A0853

    There defendant was not liable for the injuries the plaintiff sustained when a brick wall in the defendant's driveway collapsed because the defendant was unaware of the plaintiff's presence on the p

  • Sterling, Winchester & Long LLC v. Loyd

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, for appellant.
    for defendant: Benjamin Allen, Augusta, for appellee.
    Case Number: A06A0990

    The Georgia Supreme Court's decision in Eckles v. Atlanta Technology Group, 267 Ga. 801 1997, foreshadowed the recent ruling on a matter of first impression in Winzer v. EHCA Dunwoody, LLC, 277 Ga.