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  • 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

  • Lynch v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Anthony T. Pete The Pete Firm PC, Chamblee, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A0863

    Although the 40-month delay before his trial was presumptively prejudicial and only 6.5 months of that delay were attributable to his avoidance of extradition, the defendant withdrew his first motio

  • Williams v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Danielle P. Roberts Axam Roberts Legal Group, Riverdale, and Tony L. Axam AxamLaw, Atlanta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Keith A. McIntyre, Chief Assistant District Attorney, Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A09A1105

    A defendant may successfully move for a new trial and then plead double jeo

  • Reynolds v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Deborah R. Fluker The Fluker Law Firm PC, Lawrenceville, for appellee.
    Case Number: A07A1649

    The rule in Mallory v. State, 261 Ga. 625 1991, that the prosecutor may not comment on a defendant's pre-arrest silence, is not limited to situations in which the defendant remains silent when quest

  • LeRoux v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John Walter Donnelly, Public Defender, and Megan C. Haley, Athens, for appellant.
    for defendant: Carroll R. Chisholm Jr., Solicitor General, and Markus Boenig Solicitor General's Office, Athens, for appellee.
    Case Number: A09A1351

    Police had probable cause to stop the defendant's vehicle while he was driving through a closed golf facility in the early morning hours far from a public

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Ogletree v. State

    Publication Date: 2009-10-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Kenya B. Herring, Atlanta, and Ashleigh B. Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Atlanta, for appellee.
    Case Number: A09A0929

    Manifest necessity for a mistrial arose from the trial court's ruling that the state could not introduce the victim's videotaped statement, not the absence of the interviewer standing

  • Hampton v. State

    Publication Date: 2009-09-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, and J. Scott Key, McDonough, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A09A0809

    Evidence that the defendant was on probation for unspecified prior offense involving cocaine when the officer arrested him in the instant case had no bearing on his guilt or innocence of charged of

  • Walley v. State

    Publication Date: 2009-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A09A0323

    The trial court properly admitted evidence of the defendant's prior rape of a 22-year-old woman as a similar transaction in the defendant's trial for the aggravated sexual battery and child molesta

  • Kennedy v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph W. Jones Jr. Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Raymond C. Mayer, Assistant District Attorney, Newnan, for appellee.
    Case Number: A09A0430

    The trial court did not err in admitting evidence of the October 2005 burglary as a similar transaction, since both incidents involved smash and grab burglaries of Chevron Stations in which cigarett

  • 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