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  • Lopez v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John S. Wetzler, Baxley, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, and Jan Kennedy, Assistant District Attorney, Jesup, for appellee.
    Case Number: A01A1614

    Defendant tried to fix the blame for an armed robbery on a man who had an independently verified alibi for the night in que

  • Crawford v. State

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Elisha W. Jernigan Jr. and Roger H. Anderson, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A01A1953

    Defense counsel's decision to allow admission of defendant's prior criminal record on direct was a matter of trial str

  • J. Kinson Cook Inc. v. Weaver

    Publication Date: 2001-12-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John D. Marshall, Ronald J. Stay and Keith A. Pittman Griffin, Cochrane & Marshall, Atlanta, for appellant.
    for defendant: . Tom Pye Chestnut, Livingston & Pye PC, Doraville, for appellee.
    Case Number: A01A0976

    The general con r and surety on a public works contract were entitled to a directed verdict in plaintiff's materialman's lien suit because plaintiff failed to provide statutory notice to the co

  • Bryan v. Brown Childs Realty Co. Inc.

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald M. Edenfield, Susan W. Cox Edenfield, Stone & Cox and Robert S. Lanier Jr., Statesboro, for Bryan. James B. Franklin and Daniel B. Snipes Franklin, Taulbee, Rushing, Snipes 7 Marsh, Statesboro, for Brown Childs Realty.
    for defendant:
    Case Number: A01A1049; A01A1050

    The law of case as determined in a prior appeal was not affected by the parties' settlement of a portion of the action which contained an explicit agreement that all claims and defenses remained pe

  • Nicholas v. Van

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jack L. Park Jr., Zebulon, for appellant.
    for defendant: Richard L. Collier, Griffin, and Laurel E. Henderson, Atlanta, for appellees.
    Case Number: A01A1529

    Plaintiff's suit against the city for negligent approval of a commercial development plan was barred for failure to provide timely anti litem n

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  • Henderson v. State

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ruth P. Marks, Rome, for appellant.
    for defendant: Patrick H. Head, District Attorney, Andrew J. Saliba and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee. Other party representation: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: A01A1265

    Defendants convictions for obstructing an officer and aggravated battery on a peace officer should have merged since the same evidence that defendant bit an officer was used to support both ch

  • State v. Lentsch

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Barry E. Morgan, Solicitor General, Keith S. Hasson Cobb County Solicitor's Office, and Lawrence J. LoRusso Browning & Tanksley, Marietta, for appellant.
    for defendant: James S. Wingler, Atlanta, for appellee.
    Case Number: A01A1444

    There was no evidence that the officer took any action that would cause a reasonable person in defendant's position to believe that he was under arrest before defendant refused to submit to a field

  • The Columbus Clinic PC v. Liss

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ray L. Allison Dennis, Pease, Allison, Kirk & Lomax and Robert R. Lomax Marchetti & Lomax LLP, Columbus, for appellant.
    for defendant: James E. Humes II Hatcher, Stubbs, Land, Hollis & Rothschild, Columbus, for appellee.
    Case Number: A01A1147

    A jury question remained as to whether an ee's handwritten offer to resign approximately 90 days in the future was an official letter of resignation such that it triggered other aspects of his

  • Peachtree Cas. Ins. Co. v. Bhalock

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James T. Brieske Gray, Rust, St. Almand, Moffett & Brieske, Atlanta, for appellant.
    for defendant: Paul D. Berke, Chamblee, for appellees.
    Case Number: A01A1281

    A courtesy copy of an unfiled complaint which was sent to an insurer by the underlying plaintiffs' counsel was insufficient to trigger the insurer's duty to defend under O.C.G.A. § 33-7

  • State v. Hammons

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellant.
    for defendant: Kathleen J. Anderson, Winder, for appellee.
    Case Number: A01A1583

    Defendant waived his right to a perfect accusation by failing to challenge the accusation through a special demurrer or motion to quash before pleading g