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   State Courts - Georgia - January 16 - January 18, 2007

  
Dumas v. State, A06A1819., COURT OF APPEALS OF GEORGIA, January 16, 2007, Decided
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Overview: Defendant was properly denied a new trial, as: (1) the evidence supported his convictions, (2) separate convictions for armed robbery and hijacking a motor vehicle did not violate double jeopardy, (3) the State properly asked leading questions of its witness, and (4) counsel was not ineffective in failing to file a futile suppression motion.

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Anderson v. Mergenhagen, A06A1752., COURT OF APPEALS OF GEORGIA, January 17, 2007, Decided
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Overview: While the trial court properly denied appellant partial summary judgment on her stalking claim, given that appellee denied the intent required for the same, and properly quashed a subpoena for appellee's cell phone records, as such would not have led to admissible evidence, material fact issues existed on appellant's invasion of privacy claim.

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Rice v. Cannon, A06A2449., COURT OF APPEALS OF GEORGIA, January 17, 2007, Decided
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Overview: Trial court properly dismissed a pro se complaint pursuant to O.C.G.A. § 9-11-37(d) on grounds that plaintiffs wilfully failed to appear for their depositions, as the court's failure to rule on their pending motions did not excuse their attendance. Further, the action was properly transferred, and recusal of the new judge was unwarranted.

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J. Smith Lanier & Co. v. Acceptance Indem. Ins. Co., A04A2138. A05A0939., COURT OF APPEALS OF GEORGIA, January 18, 2007, Decided
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Parker v. State, A06A1813., COURT OF APPEALS OF GEORGIA, January 18, 2007, Decided
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Overview: Two child molestation convictions were upheld on appeal, as defendant waited too long to assert that his constitutional speedy trial rights had been violated, and failed to show prejudice from any delay; similar transaction evidence was properly admitted; and the two counts did not merge for the purposes of sentencing.

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