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  • Jowers v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Martin H. Eaves, Waycross, for appellant.
    for defendant: Richard E. Currie, Waycross, and Albert H. Tester, Assistant District Attorney, Douglas, for appellee.
    Case Number: A00A1496

    After discovering that one of the grand jurors who indicted the defendant was serving on the jury, the court properly excused the juror, instead of granting a mis

  • Powell v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jon V. Forehand Allen & Forehand, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Andrew W. Pope, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A00A1754

    The officers' search for safety purposes of the bedroom in which they a d the defendant did not exceed the scope of a search incident to a

  • Pike v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1004

    Since defendant knew he could be jailed for the rest of his life, the prosecutor's misstatement regarding the maximum sentence did not entitle defendant to withdraw his guilty

  • Werner v. State

    Publication Date: 2000-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael M. Hawkins and Sherry B. Lantz The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, and Thomas E. Csider, Assistant Solicitor, Decatur, for appellee.
    Case Number: A00A0956

    Trial court had discretion to determine that arresting officer was an expert witness based on officer's specialized training and experience in DUI dete

  • Diaz v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Manuel S. Campano, Doraville, for appellant.
    for defendant: Gerald N. Blaney Jr., Solicitor, Emilien O. Loiselle Jr. and Jeffrey P. Kwiatkowski, Assistant Solicitors, Lawrenceville, for appellee.
    Case Number: A00A1117

    Defendant's status as an undocumented alien did not exempt him from the requirement of obtaining a Georgia driver's li

  • Law Journal Press | Digital Book

    Encyclopedia of New York Causes of Action: Elements & Defenses 2025

    Authors: ERNEST EDWARD BADWAY

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  • Mann v. D.L. Lee & Sons Inc.

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Eric N. Van de Water Carr, Tabb, Pope & Freeman, Atlanta, for appellee.
    Case Number: A00A0905

    Plaintiffs failed to show a causal connection between the allegedly spoiled ham that they cooked for their Thanksgiving dinner and their resulting il

  • Loney v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joel N. Shiver University of Ga. School of Law, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and William W. Tanner, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A0972

    The totality of the evidence supported the validity of the roadblock where defendant was arrested was valid, even though the police vehicles did not have their blue lights acti

  • Styles v. State

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jason T. Shwiller, Dallas, for appellant.
    for defendant: James R. Osborne, District Attorney, and Theo M. Sereebutra, Assistant District Attorney, Buchanan, for appellee.
    Case Number: A00A0505

    Trial court lacked jurisdiction to vacate and re-enter its order revoking defendant's probation while his direct appeal of the revocation order was pe

  • Hernandez v. State

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Monica T. Myles, Jill L. Anderson, Public Defenders, Douglasville, Virginia W. Tinkler and Nancy J. King, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Jeffrey L. Ballew, Assistant District Attorney, Douglasville, for appellee. Other party representation: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: A00A0014

    Robbery defendant is entitled to an acquittal because there was no manifest necessity for mistrial when he asked his accomplice whether a reduced sentence was his motive for testifying for the prosec

  • State v. Bowen

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry Rylee, Solicitor, and Larry A. Baldwin II, Gainesville, for appellant.
    for defendant: Walter M. Britt and Deborah F. Weiss Chandler & Britt LLC, Buford, for appellee.
    Case Number: A00A0417

    The suppression of breath test results stemming from a boating under the influence charge was proper since the GBI violated the Administrative Procedure Act by failing to publish its procedures for