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  • Jones v. State

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart and Anna E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: A00A1729

    The state had a legitimate race-neutral reason for striking a juror whose brother was m d and whose uncle was prosecuted for attempted m

  • All Angles Constr. & Demolition Inc. v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David R. Hughes Hughes, Rogers & Hofrichter PC, Tucker, for appellant.
    for defendant: Amy Jean B. Meyer MARTA, Atlanta, for appellee.
    Case Number: A00A1543

    Contrary to plaintiff's contention, standard custom in the demolition industry did not support its claim for breach of con

  • Prins v. State

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John W. Kraus, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1511

    Bank teller reasonably believed defendant had a gun, given evidence that defendant handed her a note saying he had a gun and that she could not see his

  • Parson v. State

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William B. Barker, Clayton, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, for appellee.
    Case Number: A00A1351

    Although the 7-year-old victim testified that the defendant allowed her to go to her bedroom and did not prevent her from calling police, the evidence was sufficient for the jury to find that he abd

  • Salazar v. State

    Publication Date: 2000-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Gibert, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1653

    Since the victim viewed the defendant face-to-face during the rape and accurately described him, her identification of the defendant while he was sitting in a police car was not impermissibly sugge

  • Law Journal Press | Digital Book

    Appellate Practice in Federal and State Courts

    Authors: David M. Axelrad

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  • Moss v. State

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Herbie L. Solomon, Albany, for appellant.
    for defendant: Richard E. Thomas, Chief Assistant District Attorney, Cordele, Kenneth B. Hodges III, District Attorney, and Robert E. Perrine Jr., Assistant District Attorney, Albany, for appellee.
    Case Number: A00A1581

    Trial court properly sentenced the defendant for making repeated tele calls to harass and annoy and for communicating in an obscene manner on the tele

  • Johnson v. State of Georgia Dep't of Transp.

    Publication Date: 2000-10-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Bryant H. Bower Jr. Dillard & Bower and E. Kontz Bennett Jr., Waycross, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, George P. Shingler and Mark A. Basurto Casey, Gilson, Williams & Shingler PC, Atlanta, for appellees.
    Case Number: A00A1416, A00A1417

    Absent evidence of causation or negligence, defendants were entitled to summary judgment in plaintiffs' suit arising out of a one-car acc

  • Stubbs v. Ray

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1375, A00A1376

    In plaintiff's suit over the amputation of his leg following an angioplasty, the trial court did not err in charging that a surgeon can take for granted that the hospital staff will attend to their

  • Smith v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Augustus T. Curtis, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and Gerald W. Brown, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1091

    Defendant was entitled to a new sentencing hearing because he did not have the opportunity to present evidence on the validity of his prior guilty pleas which the state used in aggravation of his sen

  • Shaheed v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Elaine T. McGruder, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Bettieanne C. Hart, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1320

    Defendant's flight in the stolen car and then on foot was circumstantial evidence of his