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  • Jai Ganesh Lodging Inc. v. David M. Smith Inc.

    Publication Date: 2014-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Ansel Beacham, Samuel Lucas, Ivy Duggan, and Lee Carter Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for appellant.
    for defendant: . William Strickland Temple, Strickland, Dinges & Schwartz, Atlanta, and George Welborn Downey, Cleveland, Parker & Williams, Marietta, for appellees.
    Case Number: A14A0389

    The acceptance doctrine did not apply to the plaintiffs' negligent constru claims because there was evidence that the defect at issue was not readily observable on reasonable inspe

  • Johnson v. State

    Publication Date: 2013-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gregory Smith, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A13A0199

    The trial court did not err in admitting a letter the defendant wrote to a witness about the crimes because circumstantial evidence established its authent

  • Smith v. State

    Publication Date: 2011-12-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jimmonique R. Rodgers Public Defender Standards Council, Atlanta, for appellant. Robert E. Brooks Jr., District Attorney, and Carmen T. Bolden, Assistant District Attorney, for appellee.
    for defendant:
    Case Number: A11A1405

    The defendant's conviction for aggravated assault with intent to rape merged into his conviction for attempted rape under the required evidence

  • Allen v. State

    Publication Date: 2009-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, and Leon Jourolmon, Assistant District Attorney, Elberton, for appellee.
    Case Number: A09A1541

    The state gave race-neutral reasons for striking six African American prospective j

  • Giang v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A07A0992

    More than a mere spatial connection showed that the defendant possessed the a tin containing methamphetamine residue, which officers found in a dresser drawer in her bedroom during a warrant search

  • Smith v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard Phillips and Joseph C. Kitchings Phillips & Kitchings, Ludowici, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Lewis M. Groover Jr., Chief Assistant District Attorney, Hinesville, for appellee.
    Case Number: A05A2020

    The defendant was entitled to a directed verdict on a charge that he possessed cocaine with the intent to distribute, since the state failed to present evidence showing a connection between the defe

  • Smith v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kathleen J. Anderson, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A02A1039

    The trial court's error in denying defendant's motion to exclude evi of his sexual relations with the victims' mother was harmless, given the overwhelming evi

  • Ford v. State

    Publication Date: 2002-04-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael S. Waldrop Walker & Waldrop PC, and Tricia B. Smith, Conyers, for appellant.
    for defendant: Richard R. Reed, District Attorney, and Kirk M. Thomas, Assistant District Attorney, Conyers, for appellee.
    Case Number: A01A1642

    The trial court improperly delegated its duty to inquire about the defendant's indigence when it adopted the public defender office's finding that the defendant was not indigent without considering

  • Gutierrez v. Smith, 10-4478-pr

    Publication Date: 2012-12-13
    Practice Area:
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    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Jacobs, CJ, Calabresi and Pooler, CJ.
    Attorneys: For plaintiff: For Petitioner-Appellant: Janna Berke, on the brief, Jacqueline P. Rubin, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New, York, N.Y.
    for defendant: For Respondent-Appellee: Glenn Green, Assistant District Attorney, for Thomas J. Spota, District Attorney, Suffolk County Riverhead, N.Y.
    Case Number: 10-4478-pr

    Cite as: Gutierrez v. Smith, 10-4478-pr, NYLJ 1202581231550, at *1 (2d Cir., Decided December 11, 2012)Before: Jacobs, CJ, Calabresi and Pooler, CJ.p

  • Gutierrez v. Smith, 10-4478-pr

    Publication Date: 2012-09-05
    Practice Area:
    Industry:
    Court: U.S. Court of Appeals, Second Circuit
    Judge: Before: Jacobs, Ch.J., Calabresi and Pooler, C.JJ.
    Attorneys: For plaintiff: For Petitioner-Appellant: Jacqueline P. Rubin (Janna Berke, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, N.Y.
    for defendant: For Respondent-Appellee: Glenn Green, Assistant District Attorney, for Thomas J. Spota, District Attorney, Suffolk County, Riverhead, N.Y.
    Case Number: 10-4478-pr

    Cite as: Gutierrez v. Smith, 10-4478-pr, NYLJ 1202570048542, at *1 (2d Cir., Decided August 31, 2012)Before: Jacobs, Ch.J., Calabresi and Pooler, C.J