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   State Courts - Georgia - January 8, 2007

  
Gerlock v. State, A06A2230., COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: Given that the marijuana found in defendant's vehicle was packaged in 17 small zip-lock bags, commonly known as a dime bags and used for the purchase and selling of marijuana, and no evidence was presented connecting any other person to their possession, defendant's possession of marijuana with intent to distribute was upheld on appeal.

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Glanton v. State, A06A2231., COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: Under the plain meaning of the statute, because O.C.G.A. § 16-10-56 defined the offense of riot in a penal institution without including any element of concerted action or reference to the general offense of riot, the fact that defendant acted alone was insufficient to reverse his conviction for the same.

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Hamilton v. State, S06A2045., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: When defendant, who had alleged ineffective assistance of trial counsel, appealed from the denial of his motion for a new trial, but directed that the transcript of the hearing on the motion be omitted from the record, the appellate court had to presume that the trial court was authorized to find that defendant had not shown ineffective assistance.

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Hernandez v. State, S06A1712., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: O.C.G.A.§ 16-9-21 expressly prohibited improper access of another's account at a financial institution such that defendant was placed on notice that his use of a victim's social security number to obtain a job and thus access the victim's IRS account was illegal; thus, § 16-9-121 was not unconstitutionally vague as applied to defendant.

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In the Interest of D.L.T., A06A1866., COURT OF APPEALS OF GEORGIA, January 8, 2007, Decided
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Overview: Order terminating a mother's parental rights was upheld on appeal, despite her assertions of sudden parental fitness, as the juvenile court found by clear and convincing evidence that she was unable to provide for the child, her mental health issues might never be resolved, and she failed to make any significant progress towards reunification.

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In the Matter of Calugar, S07Y0104., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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In the Matter of Halcomb, S07Y0110., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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In the Matter of Pronk, S07Y0147., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Lawton v. State, S06A1541., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Defendant's convictions for malice murder and possession of a firearm as a convicted felon were upheld on appeal where the evidence, as a matter of law, supported the conviction because defendant failed to show any infirmity in the witness identifications of him as the shooter and credibility determinations were within the province of the jury.

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Lillard v. Owens, S06A2034., SUPREME COURT OF GEORGIA, January 8, 2007, Decided
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Overview: Evidence was sufficient to find that a testator lacked testimony capacity under O.C.G.A. § 53-4-11 when he executed a new will. There was evidence that he was taking medication that could impair mental performance; that two days before executing the will, he appeared impaired; and that on the day the will was executed, he appeared "morphined up."

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