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  • Monroe v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0389

    The defendant was on notice that photographs could be part of the state's file, since a police report in the file noted that an officer took photographs at the crime

  • Baskin v. Georgia Dep't of Corrections

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Reagan W. Dean and David E. Langford, Assistant Attorneys General, Atlanta, for appellees.
    Case Number: A04A1878

    The plaintiff was not required to follow the discretionary appeals procedures provided in the Prison Litigation Reform Act, since he was no longer a prisoner at the time he filed his renewed 42 USC

  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:
    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • Dailey v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Laura J. Murphree, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A2018

    The defendant left a fingerprint left on a note used in a hotel ro

  • Garmon v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A1560

    O.C.G.A. § 16-13-31 e 3 mandates a 25-year sentence for trafficking in more than 400 grams of methamphet

  • Starr v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard E. Allen, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1454

    The defendant's child molestation conviction was reversed because the trial court improperly expressed an opinion on the evidence in its jury instruc

  • Allen v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The defendant was estopped from challenging his 1997 nolo plea under the authority of O.C.G.A. § 40-13-33 a, because he failed to attack the validity of that plea within 180 days of the day it becam

  • Williams v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald P. Word and Jason W. Swindle Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2193

    The victim's prior unprosecuted molestation accusation was inadmissible in the absence of evidence that the accusation was

  • Saxon v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1674

    The defendant repeatedly drove his companion to daycare parking lots where she carried out car break-ins and thefts and drove her to establishments where she forged the stolen c

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro