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  • Atlanta Humane Soc'y v. Mills

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Edward L. Greenblatt, Janet L. Bozeman and James V. Zito Lipshutz, Greenblatt & King, Atlanta, for Atlanta Humane Soc'y and others. Alan I. Begner, Robert M. Adelson and Katherine K. Wood Begner & Begner PC, for Mills. Other party representation: Stacy S. Levy, Decatur, and James Stark, Englewood, Colo.
    for defendant:
    Case Number: A03A2480; A03A2481

    As a quasi-governmental entity, the county humane society was barred from bringing a defamation a

  • Awolusi v. State

    Publication Date: 2005-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephanie S. Benfield Stuckey & Manheimer LLC, Decatur, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A0238

    Probable cause supported the search warrant despite the affiant's incorrect testimony that the SKU nu on jewelry found at the defendant's store were as unique as vehicle VIN nu

  • 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

  • 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

  • Webb v. State

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Walton County Pub. Defender, Monroe, for Webb. William K. Wynne Jr., District Attorney, and Jeffrey L. Foster, Chief Assistant District Attorney, Covington, for the state.
    for defendant:
    Case Number: A04A0860; A04A0861

    The defendant was not entitled to the lessor of two punishments under the rule of lenity, because his convictions for child molestation and sexual battery were both fel

  • In the Interest of G. W. R.

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Denise S. Esserman and Rita C. Spalding, Brunswick, for appellant.
    for defendant: Donald C. Gibson, Brunswick, for appellee. Other party representation: John P. Rivers, Brunswick.
    Case Number: A04A1448

    The father had an extensive criminal history, including convictions for aggravated assault, aggravated battery and domestic violence, he threatened the children's and their mother's lives and he ow

  • In the Interest of D. J. F.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Atlanta, Jerry W. Caldwell, Jesup, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: W. Jefferson Hires Gordon and Hires, Jesup.
    Case Number: A04A1028

    Evidence that the father failed to establish any parental bond with his child or support her financially supported the termination of his parental r

  • In the Interest of A. C. O.

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Vincent D. Sowerby, Brunswick, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, William C. Joy, Shalen S. Nelson, Senior Assistant Attorneys General, Laura W. Hyman, Assistant Attorney General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Dorothy R. Avera, Brunswick.
    Case Number: A04A1425

    The mother and the father's failure to maintain a relationship with their children, support their children, complete a parenting class or get counseling to deal with domestic violence and alcohol ab

  • Oduok v. Phillips

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Inyang P. Oduok, Savannah, proceeded pro se. Michelle L. Thomas DeKalb County Law Dept., Decatur, for appellees.
    for defendant:
    Case Number: A04A1595

    The trial had no jurisdiction over the plaintiff's civil rights and state law claims arising out of his allegedly wrongful arrest after the defendants filed a notice of removal to federal

  • Collins v. State

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kimberly L. Copeland, Jesup, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Leslie K. DeVooght, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A04A1081

    The defendant knowingly and voluntarily waived his right to co when he fired his privately retained co 10 days before trial and refused the trial court's offer to appoint standby co