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  • Smith v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2015-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: C. Andrew Childers Childers, Schlueter Smith LLC, and Jonathan Johnson, Atlanta, for Smith. John Strauss, Covington, for Chupp. Lee Gillis and Duke Groover James Bates Brannan Groover, Macon, for Farm Bureau.
    for defendant:
    Case Number: A14A1824; A14A1825

    The lead-based paint injuries in the underlying personal injury lawsuit were not excluded from coverage under the landlord's insurance policy's "pollution exclusion," since lead-based paint was not

  • 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:
    Industry:
    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:
    Industry:
    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:
    Industry:
    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