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| Bryant v. State, A06A2401.,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: Defendant's convictions of aggravated assault and possession of a firearm during the commission of a crime (O.C.G.A. §§ 16-5-21(a)(2) and 16-11-106) were affirmed. The trial court properly denied defendant's motion to introduce evidence of his victim's reputation for violence. He failed to make a prima facie showing that the shooting was justified.
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| Ethridge v. State, A06A2247.,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: A trial court properly denied defendant's motion for an out-of-time appeal, as counsel's failure to object to testimony from a probation officer was not ineffectiveness where the testimony was a correct statement of law and any objection would have lacked merit; a trial court's alleged error was not remedied by an out-of-time appeal.
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| Fallin v. Merritt Maint. & Welding, Inc., A06A1664.,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: Although an employer failed to file a valid notice to controvert an employee's receipt of temporary total disability benefits, as it had failed to pay a statutory penalty under O.C.G.A. § 34-9-221(e), it properly defended the claim due to the employee's changed condition under § 34-9-221(i); discontinuation of benefits was proper.
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| Harding v. State, A06A2172.,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: Denial of defendant's motion to suppress was proper; a deputy's initial contact with defendant was a first-tier encounter, requiring neither reasonable suspicion nor invoking Fourth Amendment protection. As defendant admitted he had smoked marijuana upon being asked to explain its odor on his person, he was lawfully arrested and searched.
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| Jordan v. City of Atlanta, A06A1690,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: A dismissal of city employees' action against a city, alleging that Atlanta, Ga., Code § 114-55, the reduction-in-force ordinance, was not properly followed when they lost their jobs, was proper, as the employees failed to properly file a writ of certiorari in the trial court from the Service Board's decision pursuant to O.C.G.A. § 5-4-6.
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| Odum v. State, A06A2301,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: A trial court's denial of a public defender's motion under Ga. Unif. Super. Ct. R. 4.3 to withdraw from the assigned representation of defendant in his criminal matter was an abuse of discretion, as a conflict of interest existed; O.C.G.A. § 17-12-22 did not remove the trial court's authority to determine the propriety of withdrawal.
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| Wachovia Bank, N.A. v. Moody Bible Inst. of Chi., Inc., A06A1737, A06A1738,
COURT OF APPEALS OF GEORGIA, January 19, 2007, Decided
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Overview: Once a decedent notified a former trustee of her revocable living trust in writing that she was revoking the trust, her subsequent oral indication that she changed her mind and would leave the trust in existence did not "reinstate" the trust; once it was revoked, a reinstatement had to be in writing pursuant to the Statute of Frauds.
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