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  • Stetz v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    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

  • Baker v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rickey L. Richardson, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Vincent J. Faucette, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A1314

    The deputy did not need articulable suspicion to approach the defendant's vehicle and request to see identification, since such action does not amount to a

  • Transworld Fin. Corp. v. Coastal Tire and Container Repair LLC

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Collin R. Glidewell, James B. Blackburn Jr. Wiseman, Blackburn & Futrell, and Natasha D. Wilhite, Savannah, for appellant.
    for defendant: Jeremy S. McKenzie and Kathryn H. Pinckney Savage & Turner PC, Savannah, for appellee.
    Case Number: A09A0169

    A vehicle repair shop could not recover storage fees for an aban vehicle, since it did not comply with O.C.G.A. § 40-11-2 f's 5-day notice requirement once the vehicle was deemed aban

  • Milner v. State

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0556

    The trial court erred in charging the jury that it could convict the defendant for making terroristic threats in a manner not alleged in the indic

  • Cannon v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony N. Perrotta, Cartersville, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A08A2252

    The trial court did not abuse its discretion in admitting evidence that the defendant previously engaged in a similar pattern of grooming a young boy before molestin

  • In the Interest of M. W.

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.
    Case Number: A08A2128

    Testimony that the defendant told the victim's son that he was going to burglarize the victim's home, the defendant often discussed robbing somebody, and hours after the burglary the defendant was

  • Matthews v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ralph Washington The Eason Law Firm, College Park, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2003

    The record showed that the defendant entered his guilty plea to aggravated battery, cruelty to children and family violence battery knowingly and volunt

  • Dinkins v. State

    Publication Date: 2008-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0978

    The state's cross-examination questions attacking the defendant's innocent bystander defense and his failure to seek police protection fell within the exception set forth in Morrison v. Sta

  • Smith v. McDowell

    Publication Date: 2008-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0645

    A school receptionist's actions in failing to consult a 6-year-old child's information card, after receiving an apparently fraudulent call and fax instructing her to release the child to her

  • In the Interest of J. D.

    Publication Date: 2008-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0592

    The father's history of inadequate housing, lack of support, domestic violence and repeated incarceration, supported the termination of his parental rights to his two chi