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   State Courts - Georgia - January 22, 2007

  
Brooks v. State, S06A1568., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Defendant's malice murder and kidnapping convictions were upheld on appeal, as supported by sufficient evidence, including that which identified defendant as the perpetrator, and a finding that such was not unduly suggestive, was upheld. Further, trial counsel was not ineffective in handling said evidence or failing to seek suppression of the same.

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Brown v. Penland Constr. Co., S06G0630., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: In a contractor's quantum meruit action, although it rendered a valuable service to a school by building an indoor baseball hitting facility, when the school board, and not the coach, accepted those services to create an implied promise of payment, quantum meruit payment for construction of the facility could not lie against the coach.

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Cockrell v. State, S06A2053., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: A trial court did not abuse its discretion in refusing to grant defendant a mistrial with regard to the prosecutor's response to defense counsel's comment on defendant not testifying since the trial court sua sponte and promptly provided a curative instruction to the jury setting forth the correct principles of law.

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Echols v. Echols, S06F2153., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: A mother's motion to recuse the trial judge in a divorce action, pursuant to Ga. Unif. Super. Ct. R. 25.1, was untimely since her affidavit alleged that her first knowledge of the trial judge's alleged bias in favor of the father had occurred almost a year prior to the filing of the motion; therefore, the motion was untimely and made in bad faith.

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Harpagon Co. v. Freeman, S06A1685., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Inasmuch as a buyer of real property at a tax sale failed to make an unequivocal demand for the return of the purchase money, it was not entitled to prejudgment interest. But, it was properly awarded the purchase money paid for said property, as the sheriff received and retained the same by mistake.

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Henderson v. Henderson, S07A0302., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Hunter v. State, S06A1681., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Because trial counsel was not ineffective in advising defendant of a plea offer or in failing to make meritless objections, and the trial court's prompt curative instruction, after the State inadvertently placed defendant's character in evidence, did not warrant a mistrial, defendant's felony murder conviction was upheld on appeal.

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In the Matter of Geary, S07Y0140., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: After admitting to violations of Ga. St. Bar R. 4-102(d):1.4 and 5.3(d)(2) in representing two different clients, upon the recommendations of both the State Bar and the special master, an attorney's petition for voluntary discipline, requesting a one-year suspension, was accepted by the court and imposed.

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In the Matter of Hamilton, S07Y0172., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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Overview: Disagreeing that a nine-month suspension was appropriate, an attorney was suspended for one year based on his improper handling of his attorney trust account, his lack of cooperation with the State Bar's investigation, and his act of impeding the investigation by failing to submit an audit of said trust account as directed.

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In the Matter of Hipe, S07Y0180., SUPREME COURT OF GEORGIA, January 22, 2007, Decided
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