• Register v. State

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wade H. Crumbley Crumbley & Crumbley and Dale T. Preiser, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant, Assistant District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.

    Case Number: A06A2132

    The arresting officer's search of the car in which the defendant was riding was illegal, because he based the search on invalid arrest war

  • Carswell-Danso v. State

    Publication Date: 2006-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, James & Vaughan, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A1496

    The trial court's prompt curative instruction sufficiently prevented any possible prejudicial effect of the state's reference to prison in cl

  • Lee v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rodney A. Williams Franklin & Hubbard, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A1624

    Evidence of a third virtually identical robbery was admissible as part of the res gestae and to show the defendant's mind, knowledge and intent in allowing the use of her car in the first two robb

  • Braswell v. State

    Publication Date: 2006-09-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey A. Rothman Daniels & Rothman PC, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: A06A1296

    The administering officer's testimony provided sufficient grounds for admission of the Intoxilyzer 5000 test results, regardless of the admissibility of the inspection certifi

  • Cater v. State

    Publication Date: 2006-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David H. Jones and Martin D. Marshall King & King & Jones PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A1441

    The trial court did not err in denying the defendant's motion to suppress the evidence found in his vehicle after he was stopped at a valid road

  • Smithson v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Ryan C. Cleveland, Assistant District Attorney, Bainbridge, for appellee.

    Case Number: A06A1101

    Marijuana plants, which were growing in areas separated by trails leading away from the defendant's mowed land and were not growing inside any structure or protected from view, were outside curtilag

  • Walker v. State

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A0204

  • Johnson v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Leon Hicks and Joseph R. Baker, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Nicholas Salter, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A06A0100

    The state was permitted to ask leading questions of one of its witnesses and in admitting her taped interview for impeachment purposes, since the witness testified to facts, which were inconsistent

  • Mayes v. State

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Charles C. Flinn Carnesale & Delan, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A06A0787

    The defendant was not entitled to a charge on mere presence, since he based his defense on his contention that he was not present at the time of the c

  • In the Interest of T. A.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Christopher E. Chapman, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Karen K. Martin Martin & Martin, Barnesville.

    Case Number: A06A0482

    The mother suffered from a mental condition that prevented her from adequately caring for her child, she failed to attend required counseling sessions and she did not take her medication as presc