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   State Courts - Georgia - January 3 - January 4, 2007

  
Donchi, Inc. v. Robdol, LLC, A07A0209., COURT OF APPEALS OF GEORGIA, January 3, 2007, Decided
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Overview: Based on the application of a merger clause in an expressed property sales agreement, and the clear and unambiguous intent not to hold the lenders liable for transactions concerning the conveyance of a beach house made part of the sale, summary judgment was properly granted to the lenders on the seller's claims against them.

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Terry v. State, A07A0170., COURT OF APPEALS OF GEORGIA, January 3, 2007, Decided
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Overview: Trial court did not err in denying defendant's suppression motion, as the arresting officer was authorized to conclude that in turning off the roadway to evade a roadblock, defendant committed a possibly illegal backing maneuver, which warranted the officer's further investigation.

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Wafford v. State, A06A2390, COURT OF APPEALS OF GEORGIA, January 3, 2007, Decided
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Overview: Because trial counsel was not ineffective in representing defendant regarding the issues of his competency to stand trial, and in recommending that defendant agree to a bench trial on stipulated facts, absent a showing of prejudice, the trial court did not err in denying defendant a new trial on said grounds.

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Edwards v. State, A06A2280, COURT OF APPEALS OF GEORGIA, January 4, 2007, Decided
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Overview: Trial court's order denying defendant's motion for credit for time served in pretrial confinement was vacated, as defendant's remedy lay solely with the Department of Corrections and not the courts. Then, if necessary thereafter, he could pursue either mandamus or injunctive relief.

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Mack v. State, A07A0536, COURT OF APPEALS OF GEORGIA, January 4, 2007, Decided
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Overview: While sufficient evidence of venue supported both an eluding and open container charges, and prior transaction evidence was properly admitted, two aggravated-assault counts should have merged, as no ensuing interval existed between first pointing the gun at the victim's head and then lowering the gun's aim and shooting the victim in the leg.

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