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  • Jones v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Tracie H. Cason and Rodney K. Miles, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A10A0844

    The testimony of two eyewitnesses, who saw the defendant kicking the victim, corroborated the defendant's confession and the testimony of his accom

  • McGowan v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Akintunde A. Akinyele Solicitor General's Office, Decatur, for appellee.
    Case Number: A10A0665

    The trial court summarily denied the defendant's speedy trial motion without making findings of fact regarding the required Barker v. Wingo fa

  • Semega v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shamsideen O. Laguda, Atlanta, and Francis O. Kadiri, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A2255

    The trial court erred in replacing a holdout juror, who did not agree with other jurors on the defendant's

  • Spivey v. Smith

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: F. Shea Browning, Pearson, for Spivey. Robert B. Sumner, Pearson, and James D. Hudson, Douglas, for Smith et al.
    for defendant:
    Case Number: A09A2011, A09A2012

    In a boundary line dispute, the trial court did not err in setting aside the jury verdict in landowner's favor, because landowner's evidence was too vague and indefinite to allow rec

  • Wadlington v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1638

    Trial counsel was deficient for failing to object when a detective testified to knowing that an individual on a surveillance tape was defendant, because the jury could look at defendant and the tape

  • Hunt v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A2155

    The state failed to meet its burden of proving that police officers reasonably concluded that the individual who opened defendant's front door and consented to the officers' entry, but did not own t

  • Hughes v. State

    Publication Date: 2010-02-26
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    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A09A1925

    The prosecutor's comments that somebody that's been in the courtroom this week is a liar, a reference to witnesses with conflicting testimony, and somebody that's in the courtroom this week is a mon

  • Belcher v. State

    Publication Date: 2010-02-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jennifer F. Arndt, Assistant Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A09A1775

    The trial court did not err in failing to suppress the defendant's statement to police, because he officer never promised the defendant a lighter sentence and his question asking if the defendant wo

  • Wilson v. McNeely

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney K. Wilson, Swainsboro, for appellant.
    for defendant: Charles H. Brown and Laura H. Wheaton, Brown Rountree PC, Statesboro, for appellee.
    Case Number: A09A2346

    The plaintiff's failure to supplement discovery responses and to submit his portion of a pre-trial order did not dismissal of his complaint with prej

  • Stetz v. State

    Publication Date: 2009-12-31
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry L. Webb Jr., Atlanta, for appellant.
    for defendant: Robert D. James Jr., Solicitor General, and Che'ferre L. Young Solicitor's Office, Decatur, for appellee.
    Case Number: A09A1474

    The only discoverable information from an intoxilyzer test under O.C.G.A. § 40-6-392 a 4 is the computer printout of the test r