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   State Courts - Georgia - January 13, 2006

  
Amis v. State, A05A1745., COURT OF APPEALS OF GEORGIA, January 13, 2006, Decided
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Overview: Cruelty to children convictions were not inconsistent with an acquittal on a family battery charge, as testimony and a prior inconsistent statement supported the same. Further, defendant waived the right to contest a jury charge on a cruelty to children count by failing to object or reserve objection at the conclusion of the jury instructions.

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In the Interest of A.J.I., A05A2242. A05A2243., COURT OF APPEALS OF GEORGIA, January 13, 2006, Decided
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Overview: Juvenile court erred in finding that two children were deprived under O.C.G.A. § 15-11-2(8)(A) as one child's appointment with a therapist was missed due to transportation issues and was not timely rescheduled because the mother did not have a telephone and there was no evidence that the mother's occasional drug use adversely affected the children.

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Walker v. State, A05A2176., COURT OF APPEALS OF GEORGIA, January 13, 2006, Decided
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Overview: As a juror stated that despite her personal feelings, she would try her best to remain fair and impartial, defendant's challenge for cause was properly denied. Further, absent a timely suppression motion, defendant waived any right to claim that the evidence seized, as well as the testimony describing the same, was the fruit of the poisonous tree.

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Yun v. Um, A05A1629., COURT OF APPEALS OF GEORGIA, January 13, 2006, Decided
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Overview: Remand was ordered when, absent any evidence that a partnership was formed, and the failure to satisfy O.C.G.A. § 14-8-8, the trial court erred in finding the existence of a partnership between a business owner and his alleged partner. Further, without a valid settlement between the two, the court also erred in finding an accord and satisfaction.

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