• Harding v. State

    Publication Date: 2011-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jennifer R. Burns Public Defender's Office, and Steven L. Sparger, Savannah, for appellant. Larry Chisolm, District Attorney, and Nancy M. Smith, Assistant District Attorney, Savannah, for appellee.
    for defendant:

    Case Number: A11A0918

    The prosecutor's violation of a motion in limine ruling during her opening statement did not require a mistrial, given the nature of the statement, the other evidence in the case, and the action tak

  • 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

  • Ferrari v. Am. Home Prod. Corp.

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Lanny B. Bridgers, Atlanta, for appellant.
    for defendant: . Paul L. Fields Jr., Alissa C. Malone Fields Howell Athans & McLaughlin LLP, Lori G. Cohen, Christiana C. Jacxsens Greenberg Traurig LLP, Leslie J. Suson Thompson Hine LLP, Atlanta, Daniel J. Thomasch Orrick, Herrington & Sutcliffe LLP, New York, N.Y., and Marcy H. Greer Fulbright & Jaworski LLP, Austin, Texas, for appellees. Other party representation: Glenn A. Delk Lightmas & Delk, Robert D. Hays Jr., Michael R. Powers, Matthew S. Harman King & Spalding, Lowell S. Fine Alembik Fine & Chandler PA, George R. Neuhauser, Kenneth P. McDuffie Nall & Miller LLP, William H. Major III, David H. Wilson Hawkins & Parnell, Atlanta, and Joseph F. Archer, Houston, Texas.

    Case Number: A07A0306

    Ferrari v. American Home Products Corp., 286 Ga. App. 305 2007 Ferrari I, rev

  • Slaughter v. State

    Publication Date: 2011-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Fredrick B. Slaughter, Oglethorpe, proceeded pro se. James D. McDade, District Attorney, and James A. Dooley, Assistant District Attorney, Douglasville, for appellee.
    for defendant:

    Case Number: A10A0076

    The use of the defendant's three prior felony convictions to enhance his sentence for possessing a firearm by a convicted felon did not eviscerate the sentencing range set forth in O.C.G.A. § 16-11-

  • Athens-Clarke County Bd. of Tax Assessors v. Nuci Phillips Mem'l Found. Inc.

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William C. Berryman Jr. and Amy S. Gellins County Attorney's Office, Athens, for appellant.
    for defendant: James C. Warnes II Timmons, Warnes & Anderson LLP, Athens, for appellee.

    Case Number: A09A1480

    The trial court correctly affirmed the county Board of Equalization's grant of an ad valorem tax exemption to a charitable Foundation, which provides a safe haven for musicians and any others coping

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  • Boutwell v. State

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Emily Bass, Assistant Public Defender, and Walker L. Chandler Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.

    Case Number: A11A1298

    The defendant's subsequent felony prosecution for theft by taking did not involve the same conduct as her prior misdemeanor prosecution for theft by taking, because the state charged the defendant i

  • Smith v. State

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ryan J. Swingle, Regional Conflict Defender, and Thomas J. Killeen Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Kristopher M. Bolden District Attorney's Office, Athens, for appellee.

    Case Number: A11A0831

    The trial court was authorized to find that the defendant understood his plea of guilty to armed robbery and a firearms of

  • Sands v. State

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sheri L. Smith, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Jon R. Forwood, Assistant District Attorney, Athens, for appellee.

    Case Number: A11A0423

    The victim's videotaped stat was admissible under the Child Hearsay Statute and as a prior consistent stat

  • Kenerly v. State

    Publication Date: 2011-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jason W. Blanchard Anderson, Tate & Carr PC, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, Walter M. Britt and Luther H. Beck Jr. Chandler, Britt, Jay & Beck LLC, Buford, for appellee.

    Case Number: A11A0758

    In case of first impression, the Court held that special purpose grand juries do not have authority or power to return a criminal indic

  • 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