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  • Smith v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert F. Smith, Folkston, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1804

    The Court remanded for the trial court to consider the merits of defendant's claim that the state denied him his constitutional right to a speedy trial under the analytical framework in State v. Ba

  • Reddick v. State

    Publication Date: 2003-12-12
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for Reddick. Steven L. Sparger Jackson & Schiavone, Savannah, for Samuels. Spencer Lawton Jr., District Attorney, and George R. Asinc, Assistant District Attorney, Savannah, for appellee.
    for defendant:
    Case Number: A03A0982; A03A0983

    The defendants' convictions for aggravated assault and reckless conduct were mutually excl

  • Meadows v. State

    Publication Date: 2003-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for Meadows. Charles C. Flinn Carnesale & Deland, Decatur, for Thomas. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A03A1582; A03A1583

    The trial court should not have admitted the first defendant's inculpatory pretrial statement because he did not testify and was not available for cross-examin

  • Allen v. State

    Publication Date: 2003-10-10
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Fanning Fanning & Hudson, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A03A1142

    Defendant forfeited his right to open and close arguments when his counsel read the victim's handwritten during cross-examination of the detective who found a Mother's Day card containing the

  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.
    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

  • Ellerbee v. State

    Publication Date: 2002-08-09
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brace W. Luquire and William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Melvin E. Hyde Jr., Assistant District Attorney, and Robert B. Bickerstaff II District Attorney's Office, Columbus, for appellee.
    Case Number: A02A0355

    Defendant's conviction for theft by deception could not stand because there was no evidence to show that he used deceitful means or artful practice to intentionally defraud a vehicle supplier of its

  • Warren v. State

    Publication Date: 2002-03-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael G. Kam Kam & Ebersbach PC, Newnan, and Valerie C. Cooke, Carrollton, for appellant.
    for defendant: . Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A2210

    The defendants were not unreasonably detained when a drug dog conducted an exterior free air sniff of their vehicle since the driver consented to a plain view search and the dog was already present

  • Harrell v. State

    Publication Date: 2002-02-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, for appellant.
    for defendant: . J. Brown Moseley, District Attorney, Bainbridge, and Charles M. Stines, Assistant District Attorney, Cairo, for appellee.
    Case Number: A01A2288; A01A2289

    A special condition prohibiting a statutory rape probationer from lingering, loitering or spending time at locations where children under 18 are present or likely to be present was too broadly worde

  • Sullivan v. Fredericks

    Publication Date: 2001-10-26
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney L. Allen, Moultrie, for appellant.
    for defendant: . Wade H. Coleman and Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland, Valdosta, for appellee.
    Case Number: A01A1611

    Plaintiffs' failure to filed a timely expert affidavit was fatal to their medical malpractice

  • First Bancorp Mortgage Corp. v. Giddens

    Publication Date: 2001-10-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gregg Loomis, Atlanta, for appellant.
    for defendant: John R. Lowery Pursley, Howell, Lowery & Meeks, Atlanta, for appellees.
    Case Number: A01A0870

    The trial court properly excluded evidence of other lawsuits filed against defendants alleging flip sales since admitting such evidence would likely have resulted in undue prejudice or confusion wh