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  • Johnson v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leon Hicks and Joseph R. Baker, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Nicholas Salter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A06A0100

    The state was permitted to ask leading questions of one of its witnesses and in admitting her taped interview for impeachment purposes, since the witness testified to facts, which were inconsistent

  • Mayes v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles C. Flinn Carnesale & Delan, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0787

    The defendant was not entitled to a charge on mere presence, since he based his defense on his contention that he was not present at the time of the c

  • Bennett v. State

    Publication Date: 2006-06-02
    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: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A06A0378

    The trial court did not reversibly err when it gave the pattern instruction on identification, which was disapproved in Brodes v. State, 279 Ga. 435 2005, since the state presented substantial evide

  • In the Interest of T. A.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher E. Chapman, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Karen K. Martin Martin & Martin, Barnesville.
    Case Number: A06A0482

    The mother suffered from a mental condition that prevented her from adequately caring for her child, she failed to attend required counseling sessions and she did not take her medication as presc

  • In the Interest of K. B. T.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Thigpen Sr., Blackshear, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Cecelia Harris, Assistant District Attorney, Waycross, for appellee.
    Case Number: A06A0224

    The juvenile was a party to the crime resulting in the victim's death, since he stood by and watched while his companion repeatedly and brutally kicked a 65-year-old homeless man in his head, urina

  • Law Journal Press | Digital Book

    State Antitrust Law

    Authors: William T. Lifland

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  • Villagomez v. State

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Maryann F. Blend, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Brooke O. Langston District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A06A0772

    The defendant's acquittal of attempting to hijack the first victim's vehicle and several other crimes was not inconsistent with his convic

  • Branton v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Herbert Shafer, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Andrew C. Hall, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A0648

    The defendant's speedy trial demand, which he filed three court terms after the term in which he was indicted, was unt

  • Wilson v. State

    Publication Date: 2006-05-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edwin M. Saginar, Alpharetta, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Robin R. Riggs and Allison T. Mauldin, Assistant District Attorneys, Winder, for appellee.
    Case Number: A06A0935

    The evidence authorized the jury to find that the defendant exhibited utter disregard for the 17-year-old victim's safety during a hunting incident, thereby negating the defendant's claim that he s

  • Gibbs v. State

    Publication Date: 2006-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Bradley, Riverdale, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Erman J. Tanjuatco and Ira M. Sudman, Assistant District Attorneys, Jonesboro, for appellee.
    Case Number: A06A0352

    The pretrial identification did not create a substantial likelihood of misidentification, even though the witnesses identified the defendant in a patrol car at the scene, since they had ample opport

  • State v. Robinson

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, and W. Scott Smith, Atlanta, for appellant.
    for defendant: Daniel K. McCall and Nancy I. Jordan, Marietta, for appellee.
    Case Number: A05A1574

    The defendant had no reasonable expectation of privacy in a fast food bag, which his companion was eating out of minutes b