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| Duke v. S & J Marble, A05A1921.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Evidence that neighboring landowner's structure was not an encroachment according to survey admitted in evidence was sufficient to support jury verdict in favor of the neighboring landowner in another owner's ejectment action.
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| Henry v. State, A05A2113.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Where the officers' warrant to search the safe deposit box for jewelry was based upon a previous warrant that was issued based upon an affidavit in which the Georgia officer was the affiant but the Tennessee officer signed the affidavit, the jewelry should have been suppressed, as the affiant impermissibly did not sign the affidavit.
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| Hughley v. Habra, A06A0249, A06A0418.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: The judgment ordering that a landlord was entitled to a writ of possession and awarding the landlord rent, court costs, and interest was affirmed as a tenant did not file a transcript of the hearing or attempt to recreate the record as allowed by O.C.G.A. § 5-6-41(g) and (i).
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| Montgomery v. State, A06A0370.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Trial court did not err in limiting inquiry into a child victim's alleged viewing of her brother's pornographic materials as the victim did not use words of a sexual nature that normally would not be in her vocabulary and did not refer to viewing pornographic movies in any out-of-court statements exculpatory to defendant.
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| Nicely v. State, A06A0263.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Trial court properly denied defendant's pretrial motion to discharge his court-appointed attorney and to substitute another in his place as the attorney had interviewed all of defendant's witnesses, except for one witness who had not returned his calls.
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| Pickett v. State, A05A2165.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Where defendant was accused of child molestation under O.C.G.A. § 16-6-4, trial court did not err under O.C.G.A. § 17-8-75 in admonishing his counsel not to suggest that defendant's penetration of victim and resulting injury had been insignificant. Evidence was irrelevant, as O.C.G.A. § 16-6-4 did not distinguish between degrees of vaginal injury.
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| Robison v. State, A05A1869.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Evidence was sufficient to support defendant's conviction for aggravated assault in violation of O.C.G.A. § 16-5-21, as his conduct in attacking his brother with a meat cleaver involved a reasonable imminent threat of the use of deadly force and the brother was entitled to use force in defending his habitation pursuant to O.C.G.A. § 16-3-23(1).
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| SBP Mgmt., LLC v. Price, A05A1767, A05A1768.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Trial court erred in denying the landlord's motion for a new trial based on the trial court's conclusion that motion was untimely filed; O.C.G.A. § 5-5-40(a) required that a motion for a new trial be brought within 30 days of entry of judgment and landlord filed its new trial motion within 30 days of the date the trial court dismissed its action.
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| Scott v. State, A05A1601.,
COURT OF APPEALS OF GEORGIA, January 4, 2006, Decided
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Overview: Trial court did not err in admitting evidence of drug activity connected to defendant's arrest; even if the evidence could not properly be admitted as similar transaction evidence, the evidence was otherwise admissible as relevant to the circumstances surrounding his arrest for the crime at issue, trafficking in cocaine.
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