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  • Anderson v. Cayes

    Publication Date: 2006-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Don Smart Smart & Harris, Savannah, for appellant.
    for defendant: Lloyd N. Bell Jones & Bell LLP, Atlanta, for appellee.
    Case Number: A05A2005

    Since a bona fide controversy existed as to causation and the plaintiff acknowledged that the defendant did not act in bad faith, no evidence supported an award of attorneys' fees under O.C.G.A. § 13

  • Allen v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David L. Smith, Cedartown, for appellant.
    for defendant: . Donald N. Wilson, District Attorney, and Charles D. Gafnea, Assistant District Attorney, Cedartown, for appellee.
    Case Number: A05A1947

    Trial counsel's former prosecution for murder by the assistant district attorney who prosecuted the defendants' child cruelty case did not present a conflict of int

  • Dawkins v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William R. Folsom, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A05A1923

    The defendant's felony conviction for making a false statement was reversed, since the evidence of the defendant's conduct could also be used to prove the misdemeanor offense of giving a false name

  • Robertson v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Marcus C. Chamblee, Cambridge, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A05A1809

    The trial court properly admitted evidence of three similar transactions in which the defendant raped young females to show his lustful dispos

  • Malice v. Coloplast Corp.

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen I. Hirsch and Debra M. Buster Arnall, Golden & Gregory, Atlanta, for appellant.
    for defendant: LeRoy P. Spell Jr. Welch, Spell, Reemsnyder, Pless & Davis PC, Atlanta, for appellee.
    Case Number: A05A1983

    The arbitrator did not manifestly disregard the law in determining that the non-compete and non-solicit covenants in the defendant's executive employment agreement were reasonable and enforc

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    Allegheny County and Westmoreland County Court Rules 2024

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  • Hambrick v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Drew Findling, Cris E. Schneider The Findling Law Firm, and Elizabeth G. Rankin, Atlanta, 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: A05A1596

    The victim told multiple healthcare professionals, a rape counselor and her mother that the defendant beat and raped her prior to recanting her story at

  • Lovell v. Rea

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert B. Jackson IV Stack & Assocs. PC, Atlanta, for appellant.
    for defendant: Richard D. Tunkle English, Tunkle & Smith, Clayton, Russell W. Smith Clifton, Sanders & Smith PC and Larry L. Hicks II McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.
    Case Number: A05A1967

    The evidence did not demand a verdict for the defendant on the plaintiff's public road claim, because the plaintiff presented evidence that the county did not follow all of the required statutory s

  • Joyner v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Glynn R. Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David B. Fife, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A2128

    The victim's testimony that she believed the defendant had a gun and the arresting officer's discovery of a toy gun in the defendant's waistband supported his conviction for armed ro

  • Hurston v. State

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Jeffery W. Hunt, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A1971

    Jurors' unauthorized visits to the accident scene did not contribute to the defendant's conviction in light of the jurors' unanimous affidavits stating that the visits had no effect upon their ve

  • Austin v. PMG Acquisition d/b/a The Times-Georgian

    Publication Date: 2006-03-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Matthew S. Coles and Aaron P. Tady Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: James B. Ellington Hull, Towill, Norman & Barrett, Augusta, and Andrew J. Whalen III Mullins & Whalen, Griffin, for appellees.
    Case Number: A05A1759

    Statements in series of newspaper articles detailing the circumstances surrounding the plaintiff's arrest for forgery and making false statements could not be the basis for the plaintiff's libel sui