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  • Davis v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant. Daniel J. Porter, District Attorney, Alston C. McNairy and William C. Akins, Assistant District Attorneys, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1269

    The trial court erred in failing to merge the defendant's aggravated assault conviction into his attempted armed robbery conviction, as both crimes were complete when the defendant pointed a gun at

  • Ford v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joe N. Ford, Jackson, proceeded pro se. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A11A1391

    The defendant had a right to counsel in a proceeding to withdraw his guilty

  • Jordan v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald P. Privin and Amanda R. Flora Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A11A1084

    Evidence that the defendant and his co-defendant followed the victim from her place of business to a gas station and that the defendant spoke to the victim while the co-defendant approac r, pun

  • WMW Inc. d/b/a Honda Carland v. American Honda Motor Co. Inc.

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: H. Lamar Mixon and Lisa R. Strauss Bondurant, Mixson & Elmore LLC, Atlanta, for appellant.
    for defendant: Richard K. Hines V Nelson, Mullins, Riley & Scarborough, William V. Hearnburg JR. Smith, Gambrell & Russell, Atlanta, Dean Bunch Nelson, Mullins, Riley & Scarborough, Tallahassee, Fla., and Steven A. McKelvey Nelson, Mullins, Riley & Scarborough, Columbia, S.C., for appellee.
    Case Number: A11A0251

    Existing Roswell car dealership lacked standing to petition to enjoin its parent motor company's authorization of a proposed new franchisee's establishment of a new sales and service dealership in C

  • City of Atlanta v. Benator

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Laurance J. Warco, John H. Fleming, Allegra J. Lawrence-Hardy Sutherland, Asbill & Brennan, Laura Sauriol-Gibris City of Atlanta Law Dep't, John M. Parsons and Amanda M. Conley Parsons Law Group, Atlanta, for the city of Atlanta. Edward A. Webb, Matthew C. Klase Webb, Klase & Lemond, John M. Parsons and William L. Pratt, Atlanta, for Benator. Alfred B. Adams III, Vernon M. Strickland Holland & Knight LLP and Rodney K. Strong Griffin & Strong PC, Atlanta, for K & V Meter Automation. Rodney K. Strong Griffin & Strong PC, Atlanta, for Metals & Materials Engineers. Other party representation: Kimberly R. Ward Holland & Knight, Theodore Freeman, T. Bart Gary, Jacob E. Daly Freeman, Mathis & Gary LLP, William L. Pratt, Atlanta.
    for defendant:
    Case Number: A11A0769; A11A0770; A11A0771; A11A0772

    In a case of first impression, the Court held that ante litem notice must be provided separately for each named plaintiff in a class action la

  • Baker v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert H. Citronberg, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1737

    The state did not introduce improper character evidence when cross-examining the defendant because the questioning was not intended to elicit that the defendant had been incarce

  • Cochran v. Kennelly D/B/A KPK Commercial

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert D. Feagin Martenson, Hasbrouck & Simon LLP, Atlanta, and Marcus G. Howell Sr., Fayetteville, for Cochran. Perry A. Phillips, Marietta, for Kennelly.
    for defendant:
    Case Number: A10A1588; A10A1861

    The trial court erred in denying the plaintiff's suit for a supersedeas bond, since she received a judgment for the recovery of money and exercised her statutory right to move the trial court for a

  • Turner v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1279

    Evidence that the defendant forcibly handcuffed his girlfriend during a dispute wherein she threatened to tear up his POST papers, which were necessary for his anticipated promotion within the Dekal

  • Floyd v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William L. Henderson, Rome, and Jerry Boykin, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A1243

    An officer had probable cause to stop the defendant's vehicle, because the officer saw the defendant arrive at a trailer under surveillance, the defendant spent a brief period of time at the trailer

  • Bunn v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council - Appellate Division, Atlanta, for appellant.
    for defendant: James B. Smith, District Attorney, Winder, Amy M. Carter and Ryan C. Bramblett, Assistant District Attorneys, Jefferson, for appellee.
    Case Number: A10A1423

    The defendant's acts caused the child victims cruel and excessive mental pain in touching them inappropriately on multiple occa