Frank M. Gaither, Jr.

Associate

770-957-3937 MAIN | 770-957-9164 FAX

FGAITHER@SMITHWELCHLAW.COM

Practice Areas
General Civil Litigation
Contracts
Education Law
Local Government
Personal Injury
Criminal Defense

Law School: Boston College Law School, JD 1998
Undergraduate: Georgia State University, Bachelor’s of Interdisciplinary Studies 1995

Frank M. Gaither, Jr. is a trial lawyer with extensive experience in criminal and civil trial practice, appellate litigation, and transactional matters.   He also served as an adjunct professor for Herzing University’s legal studies department. Frank was born and raised in Atlanta, Georgia, graduating from Redan High School in Stone Mountain and Georgia State University in Atlanta with a Bachelor of Interdisciplinary Studies (pre-law) in 1995.  He obtained his Juris Doctor from Boston College Law School in 1998.  

Frank M. Gaither, Jr. is an active member of Omega Psi Phi Fraternity, Inc., and is married with two minor children Mekhi and Milani.  Frank’s wife, Dealia M. Bryant-Gaither, is a registered nurse and works for Children’s Healthcare of Atlanta (Egleston). In his spare time, Frank enjoys sports, working out, reading, and spending time with his family.

    Reported
    Cases

    Georgia Supreme Court

    • Arguments and opening statement

    Moore v. State, 278 Ga. 397 (2004) 

    • Evidence

    Harris v. State, 279 Ga. 304 (2005)

    Odom v. State, 279 Ga. 599 (2005)

    Weldon v. State, 279 Ga. 185 (2005)

    Wallace v. State, 279 Ga. 26 (2005)

    Riggins v. State, 279 Ga. 407 (2005)

    Flanders v. State, 279 Ga. 35 (2005)

    Ross v. State, 279 Ga. 365 (2005)

    Zellers v. State, 278 Ga. 481 (2004)

    Dyer v. State, 278 Ga. 656 (2004)

    Anderson v. State, 278 Ga. 421 (2004)

    Jackson v. State, 277 Ga. 592 (2004)

    Welbon v. State, 278 Ga. 312 (2004)

    Skaggs v. State, 278 Ga. 19 (2004)

    Mickens v. State, 277 Ga. 627 (2004)

    Wyman v. State, 278 Ga. 339 (2004)

    Little v. State, 278 Ga. 425 (2004)

    Hancock v. State,  277 Ga. 835 (2004)

    Carero v. State, 277 Ga. 867 (2004) 

    • Confession

    Pittman v. State, 277 Ga. 475 (2004) 

    • Due process

    Sellers v. State, 277 Ga. 172 (2003) 

    • Identification

    Escobar v. State, 279 Ga. 727 (2005)

     

    Georgia Court of Appeals 

    • Administrative practice – Judicial Review

    Dowdell v. Fitzbibbon, 335 Ga. App. 37 (2015) 

    • DUI

    Swain v. State, 251 Ga. App. 110 (2001) 

    • Ineffective Assistance of counsel

    Thornton v. State, 279 Ga. 676 (2005)

    Jones v. State, 278 Ga. 880 (2005)

    Lucas v. State, 279 Ga. 175 (2005) 

    Morgan v. State, 279 Ga. 6 (2005)

    Cooper v. State, 279 Ga. 189 (2005)

    Bales v. State, 277 Ga. 713 (2004)

    Harden v. State, 278 Ga. 40 (2004)

    Bates v. State, 277 Ga. 771 (2004)

    Hannah v. State, 278 Ga. 195 (2004)

    Domingues v. State, 277 Ga. 373 (2003)

    Williams v. State, 277 Ga. 368 (2003) 

    • Jury

    Porter v. State, 278 Ga. 694 

    • Peremptory strike

    Roberts v. State, 278 Ga. 541 (2004)

    Rakestrau v. State, 278 Ga. 872 (2005) 

    • Post-incision autopsy photographs

    Miller v. State, 277 Ga. 707 (2004)

    • Severance

    Howard v. State, 279 Ga. 166 (2005) 

    • Speedy trial

    Salahuddin v. State, 277 Ga. 561 (2004) 

    • Waiver of right to jury trial

    Brown v. State, 277 Ga. 573 (2004) 

    • Taxation

    Dickey v. Fulton County Bd. of Tax Assessors, 333 Ga. App. 346 (2015)

    Fulton Cnty. Bd. Tax Assessors v. Piedmont Park Conservancy, 333 Ga. App. 265 (2015)

    Trial
    Experience

    Managing Attorney for GEICO’s Macon Staff Counsel Office.  Additionally, worked as a staff attorney for the Office of the County Attorney in both the Public Safety and Finance Division in Fulton County.  All phases of local and federal litigation while representing Fulton County Sheriff’s Department, Fire Department, Finance Department, Auditor, Board of Tax Assessors, and the Fulton County Ryan White Program.  Former prosecutor for the Fulton County District Attorney’s Office and assistant attorney general for the State Law Department. Conducted over 200 deposition, 35 jury trials and 50 bench trials as an insurance defense attorney for the Staff Counsel Office for Allstate and Encompass Insurance Companies.

    Admissions and
    Recognitions

    Admitted to the United State Supreme Court, the 11th Circuit Court of Appeals, Northern District of Georgia, both the Northern and Middle Districts of the United States District Court, the Supreme Court of Georgia, the Georgia Court of Appeals, the United States Supreme Court and  a member of the State Bar of Georgia.

    Community
    Involvement

    Member of NAACP, DeKalb County Branch