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   State Courts - Georgia - January 11 - January 12, 2006

  
Dunn v. State, A05A2188., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Overview: Cocaine found near a car at the scene of a traffic accident, as well as evidence showing that defendant was in the car at the time of the collision, sufficiently corroborated a passenger's testimony that he, defendant, and the driver of the car had ingested cocaine, and jury was entitled to conclude that defendant jointly possessed cocaine.

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Flores v. State, A05A2201., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Overview: Trial court did not err during voir dire in disallowing defendant's question asking if any of prospective jurors had taken Spanish class where, after trial court's ruling, defendant was allowed to ask if any of the jurors were biased against him because he was from Mexico and did not speak English and none of jurors indicated such bias.

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Greene v. Bryant, A05A1646., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Overview: Where owners never raised argument that they were entitled to judgment notwithstanding jury's verdict in the trial court, they were precluded from raising it on appeal. Owner's conviction for bribery was irrelevant to his claims, but there was no basis for reversal where owners failed to show how they were harmed by admission of the evidence.

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Seay v. Avazeh Cohan, LLC, A05A2345. A05A2346. A05A2347. A05A2348., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Overview: Dismissal of a taxpayer's actions to quiet title against appellees was affirmed; the case was directly on point with another such case brought by the taxpayer and previously decided by the appeals court, and Georgia's collateral estoppel doctrine precluded the re-adjudication of an issue that had previously been litigated and adjudicated.

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Southern Empire Homes, Inc. v. Ognio Grading, Inc., A05A2299., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Turner v. State, A05A2177., COURT OF APPEALS OF GEORGIA, January 11, 2006, Decided
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Overview: Evidence regarding passenger's alleged access to drugs found in truck during a traffic stop was not sufficient to overcome the presumption that defendant, as driver, possessed the drugs. The trial judge heard testimony, observed witnesses, viewed the truck, and was able to see where the drugs were located and how the passenger was monitored.

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Thornton v. Mankovitch, A05A2003., COURT OF APPEALS OF GEORGIA, January 12, 2006, Decided
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Overview: Because a bankruptcy trustee's settlement of a client's estate resulted in the client being classified as a "defunct" corporation under 11 U.S.C.S. § 727(a), it had no standing to sue its lawyers for legal malpractice in an underlying action; therefore, the trial court erred in denying the lawyers' motion for summary judgment as to the client.

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