• Spears v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss, Lober & Dobson LLC, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor, Jody L. Peskin and Cynthia G. Strong-McCarthy, Assistant Solicitors General, Atlanta, for appellee.

    Case Number: A00A2111

    The state failed to show that the pro se defendant voluntarily relinquished his right to co

  • London v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John R. Greco, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, David E. Langford, Assistant District Attorney, Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A00A1989

    There was no fatal variance between the allegation in defendant's indictment regarding the use of a taser weapon and the victim's testimony that he was struck in the head with a heavy metal o

  • McCafferty v. State

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles T. Magarahan Law Offices of Charles T. Magarahan, and Maurice Bennett Magarahan Villines & Honis, Atlanta, for appellant.
    for defendant: Gwendolyn r. Keyes, Solicitor General, Lawrence A. Silverman, Assistant Solicitor, Lauren E. Waller, Assistant Solicitor, Decatur, for appellee.

    Case Number: A00A2042

    The trial court's erroneous exclusion of all evidence relating to the events that transpired at the jail after the defendant's DUI arrest prevented him from impeaching the arresting officer's opini

  • Fortson v. State

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, for appellee.

    Case Number: A00A1871

    The totality of the circumstances, including defendant's flight from police, provided probable cause for his warrantless a

  • Roberson v. Winn-Dixie Atlanta Inc.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: Darryl G. Haynes and Gene A. Major Fain, Major, Wiley & Brennan PC, Atlanta, for appellee.

    Case Number: A00A1930

    The plaintiff failed to show that the defendant had actual or constructive knowledge of the grapes she allegedly slipped on in the store's produce se

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  • Harkins v. CA 14th Investors Ltd.

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: George A. Koenig Dennis, Corey, Porter & Gray, James S. Strawlinski and Nicole L. Wolfe, Atlanta, for appellant.
    for defendant: William E. Zschunke, Melissa C. Duffey Webb, Carlock, Copeland, Semler & Stair, Allan R. Perry Jr., Marcus S. Sacks Kilpatrick Stockton LLP and R. Chris Irwin, Atlanta, for appellees. Other party representation: Matthew H. Patton and J. Michael Wiggins Kilpatrick Stockton LLP, Atlanta.

    Case Number: A00A1990

    Former employee could not recover damages for the injuries he sustained when he slipped and fell in his former employer's parking lot because he executed a release discharging all claims against the

  • Allstate Ins. Co. v. Hamler

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William P. Claxton and Kelley C. Herrin Claxton & Claxton LLC, Atlanta, for appellant.
    for defendant: Teresa A. Mann, East Point, for appellee.

    Case Number: A00A1910

    The trial court should have granted summary judgment to plaintiff's insurer because she breached her insurance contract by failing to provide material information relevant to the insurer's investiga

  • Scoggins v. State

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David H. Jones King, King & Jones PC, Atlanta, for appellant.
    for defendant: James R. Osborne, District Attorney, Dallas, Elizabeth L. Larson, Assistant District Attorney, Cedartown, and Theo M. Sereebutra Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.

    Case Number: A00A2158

    The search of defendant's car after he fled from a traffic stop was permissible as a search incident to his a

  • Mahone v. State

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brantley J. Swindell, Glennville, for appellant.
    for defendant: J. Tom Durden Jr., District Attorney, Joe G. Skeens and Jeffrey N. Osteen, Assistant District Attorneys, Hinesville, for appellee.

    Case Number: A00A2316

    Defendant was not entitled to a sua sponte c on justification because he raised more than one defense to the obstruction c

  • Vaughn v. State

    Publication Date: 2001-01-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lynn Wilson, Barnesville, for appellant.
    for defendant: Richard G. Milam, District Attorney, and Paul E. Hemmann, Assistant District Attorney, Barnesville, for appellee.

    Case Number: A00A1069

    The trial judge's rulings and actions in a prior drug case against defendant and his relatives did not provide evidence of bias requiring re