Case Digests

Smithson v. State

Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
for defendant: Joseph K. Mulholland, District Attorney, and Ryan C. Cleveland, Assistant District Attorney, Bainbridge, for appellee.
Case Number: A06A1101

Marijuana plants, which were growing in areas separated by trails leading away from the defendant's mowed land and were not growing inside any structure or protected from view, were outside curtilag

Graves v. State

Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Harold W. Wallace III, Thomson, for appellant.
for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Assistant District Attorney, and Sarah M. Peacock District Attorney's Office, Thomson, for appellee.
Case Number: A06A1001

The defendant's refusal to submit to chemical testing created an inference that the tests would have shown the presence of a prohibited subs

Diaz v. State

Publication Date: 2006-07-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
for defendant: Daniel J. Porter, District Attorney, Lawrenceville, and Brooke O. Langston District Attorney's Office, Lawrenceville, for appellee.
Case Number: A06A0881

The trial court did not err in denying the defendant's motion to sever his trial from his co-defendant's, since the offenses constituted a series of continuous acts connected together in time and l

Butler v. Gary, Williams, Parenti, Finney, Lewis, McManus, Watson, Sperardo PL

Publication Date: 2006-07-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Michael G. Regas II, Atlanta, for appellant.
for defendant: . F. Shields McManus Gary, Williams, Parenti, Finney, Lewis, McManus, Watson, Sperardo PL, Stuart, Fla., for appellees.
Case Number: A06A0256

A jury question remained as to whether defendant attorneys breached their standard of care in failing to dismiss the plaintiffs' underlying injury action and refile it under O.C.G.A. § 9-2-61 to avo

Hardeman v. State

Publication Date: 2006-07-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Shepard R. Orlow, Senior Assistant District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
Case Number: A06A0750

The approximate 25-month delay between the defendant's arrest and the possibility of trial on cocaine trafficking charges violated his constitutional right to a speedy trial, where an exculpatory wi

In the Interest of D. C.

Publication Date: 2006-07-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Brian Linkowski, Tallapoosa, for appellant.
for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Evan L. Stapler, Bremen, for appellee. Other party representation: Kimberly D. Puckett, Dallas.
Case Number: A06A0810

The mother's testimony and the biological father's judicial admission that the children were born out of wedlock supported the juvenile court's finding that no common law marriage ex

Matheson v. Georgia Dep't of Transp.

Publication Date: 2006-07-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: George P. Shingler Casey Gilson Leibel PC, and Michael L. Neff, Atlanta, for appellant.
for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Robert C. Edwards and Loretta L. Pinkston, Assistant Attorneys General, Atlanta, for appellee.
Case Number: A06A0383

The Georgia Recreational Property Act grants immunity to the DOT for injuries occurring at a highway rest

Ellis v. State

Publication Date: 2006-07-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Loletha D. Hale, Jonesboro, for appellant.
for defendant: Jewel C. Scott, District Attorney, and Richard C. Brown, Assistant District Attorney, Jonesboro, for appellee.
Case Number: A06A0006

The victim's testimony was sufficient to authenticate an audiotape of the defendant's attack on the victim, which was left on the victim's voice mail after the defendant failed to hang up his cell p

Walker v. State

Publication Date: 2006-07-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
Case Number: A06A0204

Head v. State

Publication Date: 2006-06-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Phinia-Cou J. Aten, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Deputy District Attorney, Atlanta, for appellee.
Case Number: A06A0675

An eyewitness identified the defendant as the gunman who held up a pizza restaurant, ordered everyone, except for the m , into a cooler, took money from the cash register and safe and took the